Court No. - 6
Case :- WRIT - A No. - 1968 of 2019 Petitioner :- Deen Mohammad Respondent :- The Union Of India And 5 Others Counsel for Petitioner :- Swetashwa Agarwal Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Yashwant Varma,J.
Heard Sri Swetashwa Agarwal, learned counsel for the petitioner, Sri V.B. Yadav, the learned Standing Counsel for the respondent No. 6 as well as Sri Ashok Kumar Singh, learned counsel who has appeared for the respondents 1 to 5.
This petition has been preferred by the petitioner seeking the further consideration of his candidature as well as for quashing of the communication dated 16 November 2018. The petitioner had participated in a recruitment exercise for appointment of soldiers as initiated by the respondents 1 to 5. Although, he was provisionally selected he was not sent for training upon the respondents on document verification finding that he had obtained only 28% marks in Mathematics in the High School Examination, against the requirement of 33% in each subject as stipulated in the advertisement.
Learned counsel for the petitioner has principally contended that the High School Mark Sheet would indicate that he was declared pass and therefore it would be incorrect for the respondents to view the petitioner as having failed in the subject of Mathematics. It was further contended that the petitioner had been awarded 5 additional grace marks thus taking the total in Mathematics to 33 and therefore qualifying the minimum stipulations which was placed in the advertisement.
From the instructions placed on behalf of the Union respondents, the Court notes that the petitioner in the subject of Mathematics was awarded Grade 'E-1'. The mark sheet further in clause (6) provides that in High School if a candidate fails in one or more subjects, he may be awarded grace marks in the failed subject. It is further provided that grace marks would be awarded in the theory part of the failed subject only and that no grace marks would be awarded so far as the practical portion is concerned. The mark sheet does record that the petitioner has failed in the subject of Mathematics.
The instructions placed by the Board further reveal that the petitioner was obliged to obtain 23 marks in the written portion and 10 marks in the practical portion in the subject of Mathematics so as to be declared as having passed in that subject. However, the Board further discloses that the petitioner obtained only 2 marks in the theory portion of that subject and that consequently even if the maximum grace marks had been awarded, he could not have been shown as having passed.
Having considered the aforesaid disclosures coupled with the fact that although the grace marks may have been ultimately awarded to the petitioner and a pass certificate of High School issued in his favour, the same does not detract from the fact that the petitioner did not obtain 33% marks in the subject of Mathematics. The grace marks were awarded only to enable him to obtain a pass certificate.
In view thereof, the Court finds no ground to interfere with the order impugned. The petition is dismissed.
Order Date :- 26.2.2019 Arun K. Singh (Yashwant Varma, J.)