Relaxation in Minimum Percentage of Graduation Demanded By Petitioner to Apply in UPTET , Petition Dismissed

Relaxation in Minimum Percentage of Graduation Demanded By Petitioner to Apply in UPTET , Petition Dismissed

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 38

Case :- WRIT - C No. - 60474 of 2011

Petitioner :- Jeet Singh
Respondent :- State Of U.P. Thru Its Secy. And Others
Petitioner Counsel :- S.P. Sonkar,O.P. Singh
Respondent Counsel :- C.S.C.,R.A. Akhatar
Hon'ble V.K. Shukla,J.
Heard learned counsel for the petitioner, learned Standing counsel as well as Sri R.A. Akhatar, Advocate.
Petitioner has rushed to this Court with a request that the respondents be directed to accept the form of petitioner in U.P. Teacher Eligibility Test (UPTET). Petitioner's contention is that the minimum eligibility criteria provided for a candidate to appear in examination, is� Graduation with 45 per cent marks. Petitioner has tried to contend before this Court that as he is Schedule caste category candidate, he is entitled for 5 per cent relaxation, and as such qua Schedule caste� candidate eligibility criteria has to be accepted on 40 per cent. Petitioner has admitted before this Court that he does not even fulfill the same and to the contrary his percentage of marks are 36.77 marks.
Once such is the factual situation that petitioner does not fulfil requisite minimum eligibility criteria provided for in the advertisement, then this Court can not come to the rescue of the petitioner by directing respondents to accept the form of the petitioner and further declared the result of the UPTET-2011, as� such relief claimed is dehors the scheme of things as provided for.
Writ petition is accordingly dismissed. 
Order Date :- 19.10.2011
Sanjeev


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1482278