Revised Result of UPTET (Uttar Pradesh Teacher Eligibility Exam) with new Answer keys may publish soon for selection of Primary Teachers(PRT) in Basic Education Department, UP
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Important Points -
14. The Court is concerned with questions where instead of option earlier shown correct by the Board, they have changed their view and another option has been treated to be correct. What the Board has done is that all the candidates who have answered revised option, the Board has awarded marks to them and option declared earlier correct but now incorrect, the marks awarded in respect thereof have been deducted. To my mind this approach of the Board to some extent has done more injustice. The Teachers Eligibility Test is a qualifying test without which a candidate would not be eligible for appointment as Assistant Teacher in Primary School in view of Regulations framed by the National Council for Teachers Education (hereinafter referred to as "NCTE") in exercise of power under Section 23 of Right of Children to Free and Compulsory Education Act, 2009 (in short "Act, 2009"). 15. The general candidates securing 60% and above marks and reserved category candidates securing 55% and more marks are to be declared successful. It is per se not a competitive test. Inclusion of one shall not necessarily result in exclusion of another. If a candidate has already been declared successful on the basis of answers to respective questions in which options have now have been altered by the Board, and, on the basis of awarding of such marks he has been declared successful it would be unjust to declare him unsuccessful now if due to deduction of marks of such questions, the total marks secured by him earlier become lower than the prescribed pass marks. In my view the revised opinion of the Board in respect of such questions should not affect the result of candidates who have already been declared successful and they should remain untouched.
27. So far as questions no. 2, 3, 28 of Booklet 'B' J.L.E. And 3, 17 and 21, Series 'B' S.L.E.(A) are concerned, as argued in writ petition no. 71399 of 2011, I find that these questions are in the subject of Pedagogy. As already said, if Experts and the examining body have decided and opined a particular option to be correct, unless that option is shown to be palpably incorrect, no interference is called for in judicial review. It is the decision of Experts in the subject which must be honoured unless it is shown to be totally perverse. Hence, I find no irregularity in these questions.
28. So far as other aspects are concerned, i.e., alleged mistakes committed in assessment of copies, duplicate roll number etc., I do not find it expedient and appropriate to make any intervention at this stage, since Sri Neeraj Upadhyay, learned Standing Counsel has stated at the Bar that Board shall look into such grievances of candidates if appropriate application is submitted to the Board within a prescribed time as deemed proper by this Court, and the matter shall be examined and decided at the level of the Board.
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.
(X) No costs.
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