Court No. - 58
Case :- WRIT - A No. - 14192 of 2018 Petitioner :- Krishna Kant Pathak Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Singh Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has approached this Court by filing the present petition for a direction upon respondent no. 2 to add the marks obtained in his High School examination for the purposes of calculating petitioner's total marks in the recruitment undertaken by the respondents for appointment to the post of Constable in U.P. Police. Petitioner has passed his High School examination from U.P. Board in 2011. While filling up his online application form, petitioner has mentioned the percentage of marks as 77.83. The total marks obtained and the maximum marks in the High School have been left blank, apparently, for the reason that in the High School certificate - cum - mark sheet, petitioner has been awarded grades. It is contended that once grades have been specified and the total marks are not mentioned in the certificate, petitioner had no option but to specify his percentage, alone.
Learned standing counsel, on the basis of the instructions, submits that petitioner's marks have been taken note of as per his disclosure made in the online application form. It is pointed out that petitioner has also appeared in the physical efficiency test and has scored 184 marks.
Upon examination of materials brought on record, it transpires that petitioner has correctly filled his online application form; in as much as, the percentage of marks in his High School has been clearly mentioned. In the High School examination, petitioner has been awarded grades and the total mark has not specified. As against this, petitioner's intermediate result clearly mentions his grand total of marks as 394/500, which has been filled. The action of the respondents, in excluding to take note of petitioner's High School marks, is clearly arbitrary in the facts and circumstances. The original certificates were, otherwise, available and the petitioner has also been allowed to take part in the physical efficiency test and he has scored 184 marks therein. If the marks are correctly calculated, petitioner would have scored more than 419.43 marks. The cut off in the respective category is 403.6. Petitioner clearly has scored marks above the cut off, therefore, his exclusion from selection, on the ground specified, is clearly unsustainable.
This petition, therefore, stands allowed. A direction is issued to the respondents to add petitioner's marks scored in the High School certificate for the purposes of working out petitioner's score for selection in question. The required consideration would be made within a period of two months from the date of presentation of certified copy of this order. The authorities shall have the petitioner's medical examination conducted, thereafter, and all consequential action shall be taken, accordingly.
Order Date :- 31.7.2018 Amit Mishra