Court No. - 58
Case :- WRIT - A No. - 14633 of 2018 Petitioner :- Danveer Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition following orders were passed on 10.7.2018:-
"Considering the urgency of the case, the Court vide its order dated 10.07.2018 has granted two weeks time to file counter affidavit but, till date, no counter affidavit has been filed.
Learned Standing Counsel has informed that he has yet not received any instruction from the State Government to prepare and file counter affidavit.
Learned Standing Counsel prays for and is granted 10 days and no more time to file counter affidavit, failing which, Principal Secretary Home, Lucknow shall be present in person along with records.
Rejoinder affidavit, if any, may be filed within three days thereafter.
List this case on 16.8.2018. Learned counsel for the petitioner may request for taking up this case as there is some urgency."
A counter affidavit has been filed in which it is stated that though petitioner has scored 66.80% marks in his high school exam, but as per his CGPA, petitioner's percentage is 64.7%. The intermediate marks of petitioner i.e. 75.80% has also been treated as 73.7% by treating CGPA to be 6.8. It is as per this calculation that respondents have calculated petitioner's mark as 394.1.
Learned counsel for the petitioner submits that once the high school and intermediate mark-sheets contain specific marks awarded to petitioner, then the percentage would have to be worked out accordingly, and the actual marks scored cannot be reduced on the basis of CGPA shown in the mark-sheet itself.
Having examined the contentions, the argument advanced on behalf of petitioner is found to have force, inasmuch as petitioner appeared in high school examination conducted by the Board of School Education Haryana. Petitioner appeared in six papers and his marks have been mentioned apart from the CGPA. Total marks in high school mark-sheet is mentioned as 334. Clause 4 of the mark-sheet further provides that where a student qualifies in all the six subjects, then the marks obtained in the best five subjects of external examination will be counted for working out aggregate marks. The aggregate marks are 334 out of 500 which works out to 66.80%. Similarly, in the intermediate, petitioner's aggregate marks are 379 out of 500 which works out to 75.80%.
Once the total marks are mentioned, the percentage of marks can be calculated on the strength of such total marks disclosed in the mark-sheet. The action of respondents in ignoring the total marks obtained for the purposes of working out the percentage, and to convert CGPA into percentage for calculating the marks does not appear to be reasonable or justified. CGPA could be converted into marks only where the marks are not specified in the mark-sheet itself. Once the total marks have been mentioned in the high school and intermediate examination, percentage ought to have been worked out on its basis and thereafter the total marks of the petitioner ought to have been calculated. As this has not been done, the action of respondents in calculating petitioner's total score, in the manner done, cannot be approved of.
Writ petition accordingly succeeds and is allowed. A direction is issued to respondents to calculate petitioner's total marks based upon the percentage of marks shown in the mark-sheet, and as the petitioner has scored marks above the cut-off in the respective category, as per such calculation, the authorities shall consider petitioner's claim for appointment by subjecting him to medical test and document verification etc. Required consideration would be made within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 18.8.2018 Ashok Kr.