UPTET / Allahabad HC : Peitioner an OBC Candidate Declared Fail in GEN cat in UPTET 2011 Exam, But Late in Approaching Court therefore Petition Dismissed
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 30
Case :- WRIT - A No. - 29785 of 2013
Petitioner :- Yogendra Singh
Respondent :- State Of U.P.& 3 Ors.
Counsel for Petitioner :- Kamla Mishra,Prashant Mishra
Counsel for Respondent :- C.S.C.,Virendra Chaubey
Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and Sri Virendra Chaubey for the respondent.
The petitioner appeared in the TET Examination, 2011. He contends that he is of the O.B.C. Category but in the OMR Sheet the correct marking could not be made as a result whereof the petitioner was treated to be a general category candidate and he was declared fail as he had not obtained the minimum of 60% marks.
Learned counsel for the petitioner contends that if the petitioner is treated to be of the other backward category then there was an exemption of 5%, and according to that he had more than 55% marks therefore he may be declared successful.
The petitioner appeared in the examinations in November, 2011. Fresh examinations are now going to be conducted very shortly. The petitioner has waited for more than one and a half years and therefore there is no valid reason to interfere at his instance.
This alleged error which is being described as a human error has been discovered after one and a half years for approaching this court, therefore I am not inclined to exercise jurisdiction under Article 226 of the Constitution of India. It is open to the petitioner to apply for fresh examinations again.
The writ petition is dismissed with the aforesaid observation.
Order Date :- 27.5.2013
Sahu
