Upper Primary Teacher Recruitment UP : Candidate wants to correct her result of UPTET 2011 Junior Level, Court Dismissed Her Petition
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See Judgement : -
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 30
Case :- WRIT - A No. - 42442 of 2013
Petitioner :- Shakuntala Devi
Respondent :- State Of U.P.& Another
Counsel for Petitioner :- Pramod Kumar Srivastava,Manav Chaurasia
Counsel for Respondent :- C.S.C.
Hon'ble V.K. Shukla,J.
Petitioner had applied for consideration of her candidature for Teacher Eligibility Test-2011 for Junior Primary Level Examination under O.B.C category and has been issued with admit card bearing roll no. 07045895. Petitioner claims that she was provided question sheet no. 160405 and answer sheet no. 639945 and further submits that result of the aforesaid examination has been declared and his marks have been changed. Petitioner submits that she applied under R.T.I Act 2005 for getting information but vide letter dated 20.06.2013 authorities have declined to give requisite information to the petitioner. At this juncture petitioner is before this Court.
Earlier before this Court Bunch of writ petitions have been filed, the leading one being Civil Misc. Writ Petition No. 71563 of 2011 (Lalit Mohan Singh Vs. State of U.P. and others), pointing out large scale illegalities being there and this Court considered the matter at length, proceeded to dispose of said writ petition with following directions:
29. In the facts and circumstances, in view of discussion made above, I dispose of these writ petitions with the following directions:
(I) Question No.121, Series 'B', J.L.E. contain all wrong options and, therefore, it shall be treated a wrong question. Consequently the marks in respect of Question no. 121, Series 'B', J.L.E. shall be allotted to all candidates who have appeared in the concerned test. This direction shall simultaneously apply to corresponding question in
remaining Series namely, 'A', 'C' and 'D' in J.L.E.
(II) In respect of Question no.125, Series 'B' JLE, the candidates answering any of the options i.e., 'B' or 'C' shall be awarded marks. This direction shall simultaneously apply to corresponding question in remaining Series namely, 'A', 'C' and 'D' in J.L.E.
(III) In respect of Question No. 142, Series 'B' JLE, the candidates who have answered any of the options i.e., 'A' or 'D' shall be awarded marks. This direction shall simultaneously apply to corresponding question in remaining Series namely, 'A', 'C' and 'D' in J.L.E.
(IV) Revised opinion of the Board with respect to Questions shown in the charts in para 5 above (other than asterisk marked) shall not affect adversely the result of the candidates already declared successful merely for the reason of change of opinion of the Board vis a vis correct option.
(V) All the candidates who have attempted these questions and have answered by referring to one of the two options, namely, the one which was correct as per initial Model Key Answer or that which is now correct as per the revised opinion, the candidates in both the events shall be awarded marks and their result shall be prepared
accordingly.
(VI) The Board shall publish a notice at least in four newspapers of different languages having wide circulation at the State level informing all concerned that in case any candidate has any grievance regarding UPTET Examination, 2011, about assessment etc., he may register his complaint by submitting application along with process fee of Rs. 100/per application (by cash or by demand draft) within 15 days from the date of publication in the newspapers.
(VII) The Board shall entertain all applications of the candidates raising their grievance regarding assessment etc. and shall look into their grievance and take a decision thereon within a week from the date of receipt of such application. Such decision shall be communicated to the candidate concerned within a week thereafter either by placing information on internet or on mail address given by the candidate or by registered post.
(VIII) The candidates who are already declared successful, their result shall not be affected to their prejudice but in case in view of the directions give above regarding certain questions, if their marks are to be increased, the same shall be given due credit.
(IX) The revised result as a consequence of compliance of above directions shall be uploaded on internet and shall be given due publicity at the earliest."
The factual situation which has so emerged in the present case is that large number of writ petitions have been filed before this Court complaining illegalities which has been committed by the respondents and this Court has taken note of broadly the issues raised and thereafter this Court on 16.07.2011 proceeded to give direction. It is true that this Court gave liberty to candidates in case they have any grievance regarding UPTET Examination 2011 about assessment etc., they may register complaint by submitting application along with process fee of Rs. 100/per application (by cash or by demand draft) within 15 days from the date of publication in the newspapers and the Board shall entertain all applications of the candidates raising their grievance regarding assessment etc. and shall look into their grievance and take a decision thereon within a week from the date of receipt of such application. Such decision shall be communicated to the candidate concerned within a week thereafter either by placing information on internet or on mail address given by the candidate or by registered post.
In the present case petitioner, herself is responsible for such a situation by not filling an application within the time prescribed for moving application, as such no relief or reprieve can be accorded to the petitioner based on speculations.
Consequently, present writ petition is dismissed.
Order Date :- 5.8.2013
Dhruv
