Heard Sri Piyush Mishra, learned counsel for the petitioner, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for opposite party Nos.1 to 4 and Sri Ajay Kumar, learned counsel for the opposite party No.5.
On the first date of admission, this Court has passed the order dated 12.08.2021 as under:-
"Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1, 3 and 4, Sri Ranvijay Singh, learned counsel for the respondent No.2 and Sri Ajay Kumar, learned counsel for respondent No.5.
In compliance of the judgment and order passed by this Court vide order dated 14.12.2020 in Writ Petition No.11079 (S/S) of 2020, the respondent has passed the impugned order dated 14.7.2021, rejecting the claim of the petitioner.
Submission of learned counsel for the petitioner is that the respondent has not applied its mind and in total disregard of the direction issued by this Court, has proceeded to pass the impugned order. Next submission is that the petitioner has passed his high school examination from the C.B.S.E. Board. In the mark sheet, only grade is provided and specified the percentage of marks grade-wise. By multiplying the total marks of the subject, he filled up the marks obtained in the high school in the application form, which has not been taken into consideration while passing the impugned order.
On the other hand, Sri Ranvijay Singh, learned counsel for respondent No.2 requested for the grant of one day time to seek instruction in the matter and assured this Court that in case the petitioner is found eligible and qualified as per the appendix framed under the 1981 Rules, his claim shall be given consideration.
Accordingly, put up this matter as fresh on 16.8.2021."
Sri Ran Vijay Singh, learned Additional Chief Standing Counsel, has submitted that however he has not received complete instructions in the matter but on the basis of telephonic instructions he has been apprised that the case of the petitioner has been considered in terms of the Government Order dated 05.03.2021 and pointing out that the application form of the petitioner has not been filled up as per the documents relating to her examination, her candidature has been rejected.
Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.12 of the writ petition, which is a final order dated 09.02.2021 passed by this Court in the case of the petitioner bearing Writ Petition No.3723 (S/S) of 2021; Jubeda Bano vs. State of U.P. & others whereby the petitioner has raised her bonafide grievance before the Court by submitting that for the recruitment on the post of Assistant Teacher by holding written examination in the year 2019 she applied for and got successful in the written examination. In the application form, due to inadvertence mistake she filled up the column of percentage of marks despite the requirement of total marks obtained out of the marks of the subjects.
Learned counsel for the petitioner had submitted before the Court in that writ petition that in the case of marks shown in the percentage is calculated as per requirement of the department, it will be the same as 89.3%. Therefore, while disposing of the said writ petition finally giving liberty to the petitioner to approach the Secretary, Basic Education Board, Prayagraj taking shelter of the Government Order dated 04.12.2020 and appropriate decision was to be taken in terms of the Government Order dated 04.12.2020.
In compliance of the aforesaid order dated 09.02.2021, the petitioner preferred a representation to the Competent Authority but the said representation was rejected by passing the impugned order dated 14.07.2021 in the light of the Government Order dated 05.03.2021 instead of in the light of the Government Order dated 04.12.2020.
Learned counsel for the petitioner has enclosed the Government Order dated 04.12.2020 as Annexure No.8 to the writ petition and has referred clause-13 whereof, which clearly indicates and mandates that in case of any factual anomalies relating to counting the marks, such marks of the candidates shall be calculated on the basis of C.G.P.A.
At this stage, learned counsel for the petitioner has drawn attention of this Court towards the High School marksheet of the petitioner wherein the Cumulative Grand Point Average (C.G.P.A.) of the petitioner is 9.4 and such C.G.P.A. shall be multiplied by 9.5 in the case of the petitioner. If 9.5 is multiplied with 9.4, the marks of the petitioner would 89.3%.
Learned counsel for the petitioner has further drawn attention of this Court towards the application form of the petitioner (Annexure No.4) wherein she has declared her marks in the High School as 536 out of 600 and percentage there of would be 89.3%. Since the marksheet issued by the C.B.S.C. Board does not indicate the total marks obtained by the petitioner, therefore, the petitioner has got no other option except to make calculation on the basis of clause 13 of the Government Order dated 04.12.2020.
Considering the aforesaid facts, this Court has categorically directed to the opposite parties vide judgment and order dated 09.02.2021 (Annexure No.12) to dispose of the issue of the petitioner in the light of the Government Order dated 04.12.2020 but the issue of the petitioner has been decided in the light of the Government Order dated 05.03.2021.
Having heard learned counsel for the parties and having perused the material available on the record, I find that the petitioner has not misleaded the authorities in her application form and she indicated her percentage for the High School marksheet strictly in accordance with clause 13 of the Government Order dated 04.12.2020. As a matter of fact, the petitioner had got no other option except to declare her marks of High School in the manner as indicated in the Government Order dated 04.12.2020.
Even if the Government Order dated 05.03.2021 (Annexure No.15) is seen at this stage, para-1 thereof clearly indicates that if any candidate discloses/ declares his/ her details erroneously without having relevant documents supporting the same, his/ her candidature shall be cancelled, but in the preset case, the petitioner was having her High School marksheet and she categorically declares her percentage as per the clause 13 of the Government Order dated 04.12.2020 and such declaration of the petitioner may be verified from her educational documents itself. Therefore, her case might have not been rejected on the basis of para-2 (1) of the Government Order dated 05.03.2021, rather, her candidature should have been considered in the light of the Government Order dated 04.12.2020 in compliance of the directions being issued by this Court vide order dated 09.02.2021 passed in Writ Petition No.3723 (S/S) of 2021 (Annexure No.12).
Therefore, I do not find any good ground to provide some more time to learned counsel for the opposite parties to seek further instructions and I decide this writ petition finally at the admission stage quashing the impugned order dated 14.07.2021 passed by the Secretary, Basic Education Board, Prayagraj, which is contained as Annexure No.1 to the writ petition. The direction is issued to the Secretary, Basic Education Board, Prayagraj to consider the petitioner's candidature for appointment on the post of Assistant Teacher in the Primary School run by the U.P. Basic Education Board by passing such order within a period of three weeks from the date of presentation of a certified/ computerized copy of this order.
Since this order has been passed considering the peculiar facts and circumstances of the present issue, therefore, this order may not be cited as precedence in other cases.
Accordingly, the writ petition is allowed.
No order as to costs.
Order Date :- 16.8.2021 Suresh/ [Rajesh Singh Chauhan,J.]