UPTET : Candidates Who Obtained 82 Marks out of 150 Demanded to Declare Them Pass, Petition Dismissed

 Candidates Who Obtained 82 Marks out of 150 Demanded to Declare Them Pass, Petition Dismissed

यू पी टी ई टी में 150 में से 82 मार्क्स आये तो फेल

काफी सारे आरक्षित वर्ग के केंडीडेट्स जिनके यू पी टी ई टी में १५० में से ८२ मार्क्स आये और जिनको फेल करार दिया गया , उन्होंने इलाहबाद हाई कोर्ट में उनको उत्तीर्ण करार देने की याचिका दायर की और कहा कि उनके  54.67 प्रतिशत मार्क्स हैं , जिसको राउंडिंग करने पर 55 प्रतिशत मार्क्स होते हैं और  इसलिए उनको उत्तीर्ण करार दिया जाना चाहिए।
कोर्ट ने याचिका ख़ारिज कर दी और टी ई टी उत्तीर्णांक में कोई राहत  नहीं दी  और साथ ही कहा की वे अपनी प्रार्थना एन सी टी ई को दे सकते हैं

 See Allahabad Highcourt Decision :-

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 38

Case :- WRIT - C No. - 49089 of 2013

Petitioner :- Virendra Panwar And 8 Ors.
Respondent :- State Of U.P. Thru' Principal Secry. Basic And 4 Ors.
Counsel for Petitioner :- Navin Kumar Sharma,Neeraj Tiwari
Counsel for Respondent :- C.S.C.,R.A.Akhtar

Hon'ble Dilip Gupta,J.
The petitioners, who belong to OBC/SC Category appeared at the Teacher Eligibility Test-2011/13. It is stated that the 2011 result was declared on 25th November, 2011 while that of the 2013 result was declared on 13th August, 2013. It is further stated that the Teachers Eligibility Test is of 150 marks and the advertisement mentions that those candidates would be treated as eligible who have secured 60% marks but for SC/ST/OBC category, this percentage has been reduced to 55%. The petitioners claim that as they have obtained 82 marks out of 150 marks which is 54.67% they should be treated as having obtained 55%.
Learned Standing Counsel appearing for respondent Nos. 1, 2 and 3 and Sri R.A. Akhtar, learned counsel appearing for respondent No.4 have submitted that the controversy involved in this petition has been decided against the petitioners by this Court in Writ Petition No.383 of 2013 (Kamta Prasad Vs. State of U.P. Thru Special Secretary & Ors.) which was dismissed on 7th January, 2013 and Writ Petition No.30875 of 2013 (Jaswant Saini & 3 Ors, Vs. Basic Shiksha Adhikari & 5 Ors.) which was decided on 29th May, 2013.
In the present petition, some of the petitioners namely petitioner Nos. 6 to 9 appeared at the 2011-Examination. This petition, at their behest has been filed belatedly and, therefore, no relief can be granted to the petitioners. However, even with respect to petitioner Nos.1 to 5, the matter stands concluded against the petitioners in view of the decision of this Court in Kamta Prasad (supra) wherein after relying upon earlier decisions of this Court and the Supreme Court, the Court observed:-
"Accepted position is that petitioner has secured 54.67% marks as he has secured 82 marks in U.P. Teacher Eligibility Test out of 150 marks and petitioner's submission is that from the total number of 150 questions, it is an impossibility for a candidate to secure 55% marks as no candidate can achieve 82.5 marks in the said examination. Petitioner has further proceeded to mention that either a candidate will secure 82 marks which would mean 54.67% marks or 83 marks which would mean 55.33% marks and in view of this securing 55% marks by a candidate i.e. 82.5 is an impossibility. Petitioner in this background has contended that 54.67% marks should be rounded up and treated as 55% marks.
Shri Manoj Kumar Yadav, learned counsel for the petitioner, contended that a practically impossible situation has been created as awarding of 82.5 marks which is equal to 55% marks is an impossibility and in view of this writ petition deserves to be allowed by considering 54.67 marks as 55%.
............................
The requirement under law is of having 55% marks by a candidate and in view of this a candidate who has secured less than 55% marks i.e. less than 82.5 marks in U.P. Teacher Eligibility Test, cannot be treated as eligible by any means and those candidates who have got less than 55% on plain mathematical calculation have been treated to be ineligible, accordingly, theory as has been suggested by petitioner that as it would be an act of impossibility cannot be accepted.
Consequently no relief or reprieve can be accorded to the petitioner, and writ petition is accordingly, dismissed."
In Jaswant Saini & 3 Ors. (supra) the Court also observed as follows:-
"I am not inclined to issue any mandamus as prayed for in view of the fact that the existing norms clearly require the possession of 55% or more marks in relation to the reserved category candidates. The score of 82 out of 150 does not amount to 55% or more and the principles of rounding off will not be available in view of the fact that the prescription in clause 9 of the guidelines dated 11.2.2011 clearly recites, the minimum percentage or more as the score, which has to be obtained by a candidate. In such circumstances, less than 55% is not contemplated therein.
Accordingly, the writ petition is consigned to records with liberty to the petitioners to approach the National Council for Teacher Education for any such clarification."
Thus, for the reasons stated in the aforesaid judgments, this petition is dismissed but with liberty to petitioner Nos.1 to 5 to approach the National Council for Teacher Education for any such clarification.
Order Date :- 11.9.2013
NSC

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2790453
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Other TET Related Decision :

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 1

Case :- WRIT - A No. - 62034 of 2013

Petitioner :- C/M Mahavir Singh Solanki Memorial Krishi Junior H.S.
Respondent :- State Of U.P.& 3 Ors.
Counsel for Petitioner :- Vinod Sinha,Mahesh Sharma
Counsel for Respondent :- C.S.C.

Hon'ble Vikram Nath,J.
Heard learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri U.S. Upadhyay, learned counsel representing the District Basic Education Officer, Budaun (respondent no.3).
The petitioner-Committee of Management initially requested for permission to fill up one vacant post of Assistant Clerk and two posts of Assistant Teachers. The District Basic Education Officer passed an order dated 3.12.2011 permitting the Committee of Management to fill up the said posts. The selections were made and papers were forwarded whereupon the District Basic Education Officer vied order dated 27.1.2012 granted approval to the selection of the Assistant Clerk. However, with regard to the selection of the two Assistant Teachers the same was disapproved on the ground that the selected candidates had not passed the Teacher Eligibility Test (TET). Thereafter the petitioner-Committee of Management had applied afresh to the District Basic Education Officer to grant permission to fill up the two vacant posts of the Assistant Teachers from amongst the TET qualified candidates. The said request dated 20.5.2013 is said to be still pending.
Considering the facts and circumstances of the case, this petition is disposed of with a direction to the District Basic Education Officer, Budaun (respondent no.3) to take an appropriate decision on the pending request of the petitioner, indicated above, strictly in accordance to law, within a period of six weeks from the date of production of a certified copy of this order.
Order Date :- 26.11.2013
pk 

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2942376