By means of the present writ petition the petitioner seeks a direction upon the respondents to issue a duplicate Marksheet of TET-2011 and permit her to appear in the counselling.
Learned Counsel for the petitioner submits that the petitioner has appeared in UPTET Examination-2011 as a physically handicapped candidate. She secured 84 marks in TET-2011 (Primary) but she has been shown failed. She claims that she had also appeared in 2011 (Upper Primary) wherein she has secured 87 marks and declared pass.
In 2014 TET examination she got 84 marks and is passed. But in her TET certificate there is incorrect entry which need to be corrected. She has made an application on 9.7.2014 but no action has been taken. She has relied on a judgement of this Court rendered in the Civil Misc. Writ Petition no. 26313 of 2014, Bhagirath Singh v. State of U.P. and 3 others wherein on 12.05.2014 a direction has been issued to the respondents to treat 82 marks obtained by the reserved candidates as a pass mark in the T.E.T. Examination 2011 and 2013.
Aggrieved by the above order dated 12.05.2014, the State of U.P. has filed a Special Appeal Defective No. 680 of 2014 which was dismissed on 05.08.2014.
Learned Counsel for the petitioner contends that in view of the clarification of the NCTE dated 10.01.2014, petitioner may also be treated to have cleared the T.E.T. Examination.
Learned Standing Counsel submits that the State Government has issued a notification/ Government Order dated 28.04.2014. wherein the State Government itself has taken a decision that 82 marks obtained by the reserved category candidates may be treated as pass mark but the said decision is prospective in nature and its benefit can not be given to the candidates who have already appeared in the T.E.T. Examination 2011 and 2013. He further submits that this Government Order has not been considered in the above mentioned special appeal and thus, the issue emerges whether the benefit of this Government Order is available to the candidates who have already appeared in T.E.T. Examinations 2011 and 2013.
Petitioner's application for correction is still pending.
The matter needs consideration.
Learned Standing Counsel has received instructions. He prays for and is granted two weeks time to file counter affidavit.
Rest of the respondents may also file their counter affidavits within the same period.
List after expiry of the aforesaid period.
In the meantime, the petitioner who has secured 82 marks in the T.E.T. Examination is extended the benefit of the order passed by this Court in above noted Writ Petition No. 26313 of 2014 which is affirmed by this Court in Special Appeal Defective No.680 of 2014 and accordingly, it is directed that the petitioner shall be issued provisional certificate expeditiously within six weeks for the T.E.T. Examination-2011 as she has passed the T.E.T examination and she shall be provisionally allowed to participate in the counselling but it shall abide the result of the final judgement of the present writ petition.
Connect this writ petition alongwith the record of Writ-A No. 37046 of 2014 (Virendra Panwar and 5 Others v. State of U.P. and 5 Others).
Order Date :- 19.9.2014 SKS