Court No. - 33
Case :- WRIT - A No. - 7479 of 2018 Petitioner :- Kavita Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ripu Daman Singh,Ashish Singh,Bhupendra Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner; and the learned Standing Counsel for the respondents 1 and 2.
The present petition has been filed by the petitioner for correcting entries in the admit card available on the website concerned in order to enable the petitioner to appear in the Assistant Teacher Recruitment Examination, 2018.
On 09th March, 2018, this Court had passed the following order:-
"The petitioner is before this Court with request to issue direction to the second respondent i.e. Secretary, Examination Regulatory Authority, U.P. Allahabad to correct her admit card and permit her to appear in the examination which is going to be held on 12.3.2018 for Assistant Teacher Recruitment Examination-2018.
Learned counsel for the petitioner informs to the Court that the petitioner being female candidate has applied on-line against the advertisement dated 23.1.2018 for appointment of 68,500 posts of Assistant Teacher in Primary Schools run and managed by the U.P. Basic Education Board and the admit card was issued to her with Roll No.35360301246 but the photograph of male candidate has wrongly been pasted on the admit card and even her date of birth and father's name have also been wrongly mentioned in the admit card.
Confronted with this situation, Shri Anurag Srivastava, learned Standing Counsel prays for and is accorded a week's time to seek instruction in the matter.
Put up this matter on 15.3.2018 as fresh."
Thereafter, on 22.03.2018, the following order was passed:-
"On 9th March, 2018, this Court had passed following order:-
"The petitioner is before this Court with request to issue direction to the second respondent i.e. Secretary, Examination Regulatory Authority, U.P. Allahabad to correct her admit card and permit her to appear in the examination which is going to be held on 12.3.2018 for Assistant Teacher Recruitment Examination-2018.
Learned counsel for the petitioner informs to the Court that the petitioner being female candidate has applied on-line against the advertisement dated 23.1.2018 for appointment of 68,500 posts of Assistant Teacher in Primary Schools run and managed by the U.P. Basic Education Board and the admit card was issued to her with Roll No.35360301246 but the photograph of male candidate has wrongly been pasted on the admit card and even her date of birth and father's name have also been wrongly mentioned in the admit card.
Confronted with this situation, Shri Anurag Srivastava, learned Standing Counsel prays for and is accorded a week's time to seek instruction in the matter.
Put up this matter on 15.3.2018 as fresh."
Pursuant to the aforesaid order, learned Standing Counsel representing respondents 1 and 2 has obtained written instruction and informed the Court that by ID No.3600001590 online amendment was made in the examination form submitted by the petitioner and consequent to such online amendment, the description has changed and therefore Admit card issued to the petitioner is at variance with the examination form initially submitted online by the petitioner vide registration no.3600007978.
I have perused the written instruction supplied by learned Standing Counsel.
From the online amendment application submitted in respect of Registration No.3600007978 it appears that photograph of a male was submitted and the date of birth and various material particulars including Adhar Card number and mobile number was changed even the address given in the original Registration application has been changed.
Learned counsel for the petitioner submitted that such change can never be made by the petitioner herself because that would deprive the petitioner of right to appear in the examination, therefore such change has been made by someone who has played mischief with career of the petitioner.
Learned Standing Counsel submitted that upon submission of online application registration, an ID is generated and only by that ID any amendment can be made in the online application and therefore it is the petitioner alone who can have access to the web portal for the purpose of making amendment in her online application.
There may be some substance in the submission of learned Standing Counsel but the Court fails to understand as to why the petitioner would make such online amendment particularly by changing her sex so that in her place she becomes a male thereby rendering her entire application of no use.
Under the circumstances, this Court considers it appropriate to require the second respondent to examine the possibility of making correction so as to make data submitted initially in conformity with data for which Admit card is to be issued.
At this stage, learned Standing Counsel prays for and is allowed three days time to seek instruction.
On his request, put up this matter on Thursday i.e. 29th March, 2018."
Pursuant to the order dated 22.03.2018, learned Standing Counsel has obtained instructions from the Secretary, Examination Regulatory Authority, U.P., Allahabad and has informed the Court that the examination for recruitment of Assistant Teacher has been put on hold on account of the order passed by the Lucknow Bench of this Court in Petition No.28222 (S/S) of 2017 (Mohd. Rizwan and 103 others Vs. State of U.P. and others). Learned Standing Counsel has further assured, on the basis of instructions received from the Secretary, Examination Regulatory Authority, U.P., Allahabad, that as soon as decision is taken to restore the examination process, after obtaining link from NIC, of the website concerned, the petitioner shall be informed and shall be allowed to make necessary corrections.
The aforesaid undertaking made on behalf of respondent no.2 is recorded and accepted.
The petition is disposed of in terms of the aforesaid undertaking.
Order Date :- 29.3.2018 AKShukla/-