Court No. - 42
Case :- WRIT - C No. - 24583 of 2021 Petitioner :- Aradhana Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Kumar Singh , Prakhar Saran Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri Prakhar Saran Srivastava, learned counsel for the petitioners as well as Sri Santosh Kumar Singh, learned Standing Counsel appearing for the State respondents.
Present petition has been filed with a prayer to direct the respondents no. 2 and 3 to permit the petitioners to undertake the fourth semester re-examination of Diploma in Elementary Education.
Both the petitioners are seeking a direction to the respondents no. 2 and 3 to permit them to undertake the fourth semester re-examination of Diploma in Elementary Education for third time.
By drawing attention to the relevant extract of BTC Curriculum, which is also stated to be applicable in the present case of Diploma in Elementary Education (D.EL.ED.) it is submitted that there is no restriction on re- appearance in the fourth semester re-examination for third time. Submission is that in case the petitioners are not permitted to undertake re-examination, it would not only waste their precious two years but would also severely hamper their job opportunities. Submission, therefore, is that such refusal on the part of the authority is liable be corrected/set right as the petitioners would get deprived of a significant job opportunities because the D.EL.ED is an essential qualification for appointment of Basic Teacher.
Per contra, learned Standing Counsel has supported the rejection of the candidature of the petitioners as they have twice failed in the fourth semester and as per the Rules annexed as Annexure 7 to the petition, therefore, their candidature was rightly cancelled.
I have considered the rival submissions and perused the record.
On perusal of the record, I find that there is no dispute about the fact that for D.EL.ED. two years course petitioners have appeared twice in fourth semester; one in the year 2020 and second in the year 2021. In both the attempts both the petitioners have failed. It is not in dispute that since they have failed in more than two subjects, they had to appear in the semester examination and had undertaken the written examination as per Rules. Rules as applicable in the present case are admitted to the petitioners and have been annexed as Annexure 7 to the petition. Rules 19 clearly provides for cancellation of candidature and sub-Rule 5 whereof clearly provides that the candidature can be cancelled in case any candidate fails twice in one semester. The admitted position in the present case is that both the petitioners have failed twice in fourth semester in D.EL.ED. 2018 batch examination.
In such view of the matter, I do not find any merit in the claim of the petitioner as has been prayed for.
At this stage, learned counsel for the petitioners submits that no written order has been received by them regarding cancellation of their candidature.
In case there is any provision that the petitioners are to be communicated reasons of removing their names from the fourth semester portal, particularly in the light of Rules 19 annexed as annexure 7, the same shall be communicated to the petitioners within a period of three weeks so that they may avail their remedy as provided under Rule 20, if so desired.
Petitioners are at liberty to file appeal as per Rules 20 before the authority concerned.
It is made clear that limitation of filing of appeal shall commence only from the date of supply of any order by the authority concerned if there is any provision for such communication. Otherwise the petitioner may, by treating the date of removal of their names from the portal as the date of order for counting limitation, may file appeal. In other words, if the petitioners are not communicated the reasons for refusal and/or removal of their names from the portal, they will have three weeks plus thirty days (as per Rule 20) time for filing appeal.
Learned Standing Counsel is directed to send a copy of this order within a week to the respondent no. 3 (Secretary, Examination Regulatory Authority, Uttar Pradesh, Prayagraj) for doing the needful, as per rules/law, within time.
Present petition stands dismissed with the aforesaid observations/directions. No order as to costs.
Order Date :- 24.9.2021 Abhishek