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Thursday, September 19, 2013

Upper Primary Teacher Recruitment UP / Allahabad Highcourt : Candidate obtained 43.2% Marks and want relaxation to appear in Selection for Upper Primary Teacher, Court Dismissed Her Petition

Upper Primary Teacher Recruitment UP / Allahabad Highcourt : Candidate obtained 43.2% Marks and want relaxation to appear in Selection for Upper Primary Teacher, Court Dismissed Her Petition




HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 1
Case :- WRIT - A No. - 44191 of 2013
Petitioner :- Janaki Devi
Respondent :- State Of U.P. & 4 Ors.
Counsel for Petitioner :- Arun Srivastava
Counsel for Respondent :- C.S.C.,Sanjay Kumar Srivastava

Hon'ble V.K. Shukla,J.
Heard counsel for the petitioner, learned Standing counsel as well as Sri Sanjay Kumar Srivastava, Advocate for respondents.
Petitioner has approached this Court with request to extend him benefit of reservation as is available to scheduled caste/scheduled tribes under Clause 2 of the said advertisement in question.�
This Court has occasion to peruse the notification in question and as per the said notification in question incumbents who are interested in appearing in Teacher Eligibility Test for appointment in upgraded Primary level Classes Class VIth to VIIIth� minimum eligibility criteria as has been prescribed that an incumbent should have to his/her credit Graduation from the University recognized by the University Grants Commission and established under law with minimum 50% marks and coupled with this in reference of scheduled caste category candidate it has been clearly provided that minimum percentage of marks should be 45%.
Petitioner's submission before this Court that he is entitled for 5% further relaxation in the same, in view of this such relaxation in question should be extended to her.
Petitioner is labouring under misconception as in the notification� as well as in the Government Order minimum eligibility criteria has been provided for and in reference of scheduled caste category candidate, minimum percentage of marks has been provided for as 45% and as far as general category candidate are concerned qua them minimum percentage of marks has been provided for as 50%. Petitioner's submission is that she should be extended 5% further relaxation.�
There is no such authority provided for to accorded further relaxation in the minimum percentage of marks from 50% to 45% for General category candidate and for scheduled caste category from 45%to 40%.
Here as far as petitioner is concerned she has having 43.2% marks, as such petitioner cannot be accepted as eligible in view of this no relief as has been prayed for cannot be accorded to the petitioner.
Consequently, present writ petition is dismissed.
Order Date :- 29.8.2013
Dhruv



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