Court No. - 58
Case :- WRIT - A No. - 23942 of 2018 Petitioner :- Nishi Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Surya Bhan Singh Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 14.11.2018:-
"Petitioner is seeking appointment pursuant to her application submitted in response to Advertisement No.1 of 2009 published by respondent no.2 Board. It appears that the results have already been declared and upon a query raised by the petitioner under the RTI Act she has been informed that she has scored 399.80 marks, whereas the cut off in the OBC category, to which petitioner belongs, is 408.40.
Argument is advanced on behalf petitioner that petitioner is an applicant in OBC category-2, whereas the cut off marks disclosed to her is of OBC category-1, which is in respect of boys. Submission is that the cut off marks in respect of girls category i.e. OBC category-2 has not been disclosed to her.
Sri Shivam Yadav appearing for the respondents may obtain instructions and apprise the Court as to what is the cut off marks in respect of women category, pursuant to advertisement, whereunder the petitioner has applied?
Put up as fresh on 17.11.2018."
Instructions have been received from the respondent Board, copy of which is taken on record. As per the instructions, petitioner has secured 399.80 marks while cut off in the female category was 395.80. It was in the boys' category that cut off was 408.40 marks. The respondent appears to have treated the petitioner in the category of boys on the basis of OMR sheet, wherein the petitioner apparently had blackened the boys' college while putting a sign below the girls' college.
It is not in dispute that petitioner had applied in the category of female colleges. Her application has also been processed in that category only. It appears that in the OMR sheet, there was some confusion, inasmuch as petitioner had blackened the mark indicated for boys' college, while simultaneously putting a right sign below the female colleges. This, however, would not be determinative of petitioner's category, particularly as in the application form of the petitioner her category is shown as girls' college. Petitioner has also secured marks above the cut off in the category of girls' college. Merely for any such confusion that may have arisen in the OMR sheet the status of petitioner cannot be altered from the status, indicated by her in her application form.
Writ petition, accordingly, succeeds and is allowed. A direction is issued to the respondent Board to consider petitioner's claim for appointment in the category of girls' college, considering that she has secured marks above the cut off in her respective category. The required consideration would be made within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 28.11.2018 Anil