Counsel for Petitioner :- Rajeiu Kumar Tripathi,Tanveer Ahmad Counsel for Respondent :- C.S.C,O.P.M Tripathi with Case :- SERVICE SINGLE No. - 35482 of 2018 Petitioner :- Karuna Karan Srivastava & Others Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Deptt & Ors. Counsel for Petitioner :- Rajeiu Kumar Tripathi,Tanveer Ahmad Lari Counsel for Respondent :- C.S.C.,O.P.M. Tripathi with Case :- SERVICE SINGLE No. - 35238 of 2018 Petitioner :- Asha Singh & Ors.
Respondent :- State Of U.P. Thru. Secy. Basic Education,Lko. & Ors. Counsel for Petitioner :- Rajesh Kumar Pathak Counsel for Respondent :- C.S.C.,O.P.M. Tripathi with Case :- SERVICE SINGLE No. - 35273 of 2018 Petitioner :- Shailesh Murya & Ors.
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Rahul Kumar Singh,Amit Kr. Singh Bhadauriya Counsel for Respondent :- C.S.C.,O.P.M. Tripathi with Case :- SERVICE SINGLE No. - 35641 of 2018 Petitioner :- Pooja Rajput Respondent :- State Of U.P. Thru Prin.Secy.Basic Education And Ors. Counsel for Petitioner :- Vikas Kumar Agrawal Counsel for Respondent :- C.S.C.,O.P.M.Tripathi with Case :- SERVICE SINGLE No. - 35698 of 2018 Petitioner :- Nivedita Mishra & Ors.
Respondent :- State Of U.P. Thru Prin. Secy. Basic Education Counsel for Petitioner :- Dinesh Kumar,Pramod Kumar Verma Counsel for Respondent :- C.S.C.
with Case :- SERVICE SINGLE No. - 35798 of 2018 Petitioner :- Ekta Singh Respondent :- State Of U.P.Thru.Prin.Secy.Basic Education,Lucknow & Ors. Counsel for Petitioner :- Dinesh Chandra Tewari Counsel for Respondent :- C.S.C.,O.P.M.Tripathi with Case :- SERVICE SINGLE No. - 35813 of 2018 Petitioner :- Poonam Upadhyay & Anr.
Respondent :- State Of U.P.Thru Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Ajeet Kumar Mishra Counsel for Respondent :- C.S.C.,O.P.M Tripathi with Case :- SERVICE SINGLE No. - 36138 of 2018 Petitioner :- Beena Singh & Ors.
Respondent :- Stae Of U.P.Thru Prin. Secy.Dept. Of Basic Education & Ors. Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36187 of 2018 Petitioner :- Hema Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Lohitaksha Shukla,Gaurav Upadhyay,Shashi Pratap Singh Counsel for Respondent :- C.S.C.
with Case :- SERVICE SINGLE No. - 36233 of 2018 Petitioner :- Sadhna Singh Respondent :- State Of U.P. Prin. Secy. Basic Education Dept. & Ors. Counsel for Petitioner :- Arvind Pratap Singh Counsel for Respondent :- C.S.C.
with Case :- SERVICE SINGLE No. - 36343 of 2018 Petitioner :- Shweta Singh Respondent :- State Of U.P. Thru. Secy. Basic Education Deptt. Lko & Ors. Counsel for Petitioner :- Sumit Kumar Srivastava Counsel for Respondent :- C.S.C.,O.P.M. Tripathi with Case :- SERVICE SINGLE No. - 36369 of 2018 Petitioner :- Pradeep Kumar Srivastava & Ors.
Respondent :- State Of U.P. Thru Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Jay Prakash Singh Counsel for Respondent :- C.Sc.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36378 of 2018 Petitioner :- Noori & Ors.
Respondent :- State Of U.P. Thru. Prin. Secy., Basic Education & Ors. Counsel for Petitioner :- Ramendra Kumar,Awanish Kumar Upadhyay Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36402 of 2018 Petitioner :- Smt. Shachi Shukla & Anr.
Respondent :- State Of U.P. Thru Secy. Besik Shiksha & Anr. Counsel for Petitioner :- Ram Prakash Shukla Counsel for Respondent :- C.S.C.
with Case :- SERVICE SINGLE No. - 36407 of 2018 Petitioner :- Manish Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Deptt. & Ors Counsel for Petitioner :- Ashok Kumar Bajpai,Abhishek Kumar,Kadambani Lal,Sumit Tiwari Counsel for Respondent :- C.S.C.
with Case :- SERVICE SINGLE No. - 36410 of 2018 Petitioner :- Tulasi & Ors.
Respondent :- State Of U.P. Thru Prin. Secy. Basik Education Dept. & Ors. Counsel for Petitioner :- Subhash Singh,Arvind K. Verma,Rajnish Kumar Singh Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36411 of 2018 Petitioner :- Pooja Kashyap Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Deptt. & Ors Counsel for Petitioner :- Akhand Pratap Singh,Naveen Kumar Counsel for Respondent :- C.S.C.,O.P.M. Tripathi with Case :- SERVICE SINGLE No. - 36443 of 2018 Petitioner :- Dev Raj Pal & Ors.
Respondent :- State Of U.P. Thru Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Lalji Yadav,Hemant Pandey Counsel for Respondent :- C.S.C,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36452 of 2018 Petitioner :- Atul Kumar And Ors.
Respondent :- State Of U.P.Throu.Prin.Secy.Basic Education Lko.And Ors. Counsel for Petitioner :- Dinesh Kumar,Amit Tripathi,Vinay Kumar Tripathi,Vinay Prakash Tiwari Counsel for Respondent :- C.S.C.,O.P.M.Tripathi with Case :- SERVICE SINGLE No. - 36458 of 2018 Petitioner :- Nimisha Singh & Ors.
Respondent :- State Of U.P. Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Pt. S. Chandra,Vinod Kumar Gupta Counsel for Respondent :- C.S.C.,Ajay Kumar with Case :- SERVICE SINGLE No. - 36523 of 2018 Petitioner :- Umesh Verma & Ors.
Respondent :- State Of U.P. Thru Prin. Secy. Basic Education Dept. & Ors. Counsel for Petitioner :- Pradeep Kumar Tripathi,Shravan Kumar 'Verma' Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36555 of 2018 Petitioner :- Apurva Mishra Respondent :- Sate Of U.P. Thru Prin. Secy. Basic Education Dept. & Ors. Counsel for Petitioner :- Sunil Kumar Singh,Dhruvendra Kumar Singh Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36566 of 2018 Petitioner :- Maya Gupta & Ors.
Respondent :- Sate Of U.P. Thru Prin. Secy. Basic Education Dept. & Ors. Counsel for Petitioner :- Tabassum Ara,Kaushlendra Bahadur Singh,Manoj Kumar Yadav Counsel for Respondent :- C.S.C.
with Case :- SERVICE SINGLE No. - 36576 of 2018 Petitioner :- Shilpi Singh Respondent :- Sate Of U.P. Thru Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- O.P. Tiwari Counsel for Respondent :- C.S.C.
with Case :- SERVICE SINGLE No. - 36665 of 2018 Petitioner :- Vandana Respondent :- State Of U.P. Addl. Chief Secy. Dept. Of Basic Edu. & Ors. Counsel for Petitioner :- Alok Kr. Misra Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36745 of 2018 Petitioner :- Shalini Shukla Respondent :- State Of U.P. Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Deependra Pratap Singh,Aishwarya Pratap Singh Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36971 of 2018 Petitioner :- Santosh Kuamr Tiwari & Ors.
Respondent :- State Of U.P.Thru.Prin.Secy.Basic Education,Lucknow & Ors. Counsel for Petitioner :- Rajit Ram Counsel for Respondent :- C.S.C.,O.P.M.Tripathi with Case :- SERVICE SINGLE No. - 37020 of 2018 Petitioner :- Reena Patel & Another Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Deptt. & Ors Counsel for Petitioner :- Aashish Srivastava Counsel for Respondent :- C.S.C.,O.P.M. Tripathi with Case :- SERVICE SINGLE No. - 37026 of 2018 Petitioner :- Kaushal Kumar Yadav & Others Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education, Lko & Ors. Counsel for Petitioner :- Rajesh Kumar,Vijay Bahadur Yadav Counsel for Respondent :- C.S.C.
with Case :- SERVICE SINGLE No. - 37097 of 2018 Petitioner :- Ajay Vart Tiwari & Anr.
Respondent :- State Of U.P. Thru. Prin. Secy. (Basic Education) & Ors. Counsel for Petitioner :- Rajesh Kumar Verma,Aditya Vikram Singh Counsel for Respondent :- C.S.C.,O.P.M. Tripathi with Case :- SERVICE SINGLE No. - 36244 of 2018 Petitioner :- Prince Kumar Singh & Ors.
Respondent :- State Of U.P. Thru. Prin.Secy. Basic Education & Ors. Counsel for Petitioner :- Anoop Kumar Upadhyay,Himanshu Pandey Counsel for Respondent :- C.S.C.,O.P.M. Tripathi with Case :- SERVICE SINGLE No. - 36228 of 2018 Petitioner :- Neha Singh & Ors.
Respondent :- State Of U.P. Prin. Secy. Basic Education Dept. & Ors. Counsel for Petitioner :- Rajeiu Kumar Tripathi,Bharat Lal Mishra Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36773 of 2018 Petitioner :- Akhilesh Kumar Respondent :- State Of U.P. Thru Prin. Secy. Basic Educaion Dept. & Ors. Counsel for Petitioner :- Devendra Pratap Azad,Nirmala Devi,Radhey Shyam Dwivedi Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36792 of 2018 Petitioner :- Vimal Tiwari & Ors.
Respondent :- State Of U.P. Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36836 of 2018 Petitioner :- Deepak Kumar Mishra & Anr.
Respondent :- State Of U.P. Addl. Chief Secy. Dept. Of Basic Edu. & Ors. Counsel for Petitioner :- Arun Kumar,Chandra Mani Shukla Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 36852 of 2018 Petitioner :- Pratibha Ojha & Anr.
Respondent :- State Of U.P.Thru Prin. Secy. Education & Ors. Counsel for Petitioner :- Ajay Kumar Ojha,Piyush Srivastava Counsel for Respondent :- C.S.C.,Ajay Kumar with Case :- SERVICE SINGLE No. - 36941 of 2018 Petitioner :- Rupesh Kumar Respondent :- State Of U.P. Thru Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Shiv Kumar Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 37013 of 2018 Petitioner :- Susila & Ors.
Respondent :- State Of U.P. Thru. Prin.Secy. Basic Education & Ors. Counsel for Petitioner :- Rajesh Kumar Pathak Counsel for Respondent :- C.S.C.,O.P.M.Tripathi with Case :- SERVICE SINGLE No. - 37016 of 2018 Petitioner :- Rekha Respondent :- State Of U.P. Thru Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Narendra Kumar Pandey Counsel for Respondent :- C.S.C.
with Case :- SERVICE SINGLE No. - 37125 of 2018 Petitioner :- Dileep Kumar Verma & Ors.
Respondent :- State Of U.P. Thru Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Nand Kishore Patel,Ravindra Singh,Vinod Kumar Pandey Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 37159 of 2018 Petitioner :- Anita Devi Respondent :- State Of U.P. Thru Secy. Basic Education & Ors. Counsel for Petitioner :- Dinesh Kumar Mishra Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi with Case :- SERVICE SINGLE No. - 37348 of 2018 Petitioner :- Kiran Tripathi Respondent :- State Of U.P. Thru. Secy. Basic Education & Ors. Counsel for Petitioner :- Ashok Kumar Mishra Counsel for Respondent :- C.S.C.,Ghaus Beg,O.P.M. Tripathi,Prashant Arora with Case :- SERVICE SINGLE No. - 37359 of 2018 Petitioner :- Anil Kumar Respondent :- State Of U.P. Thru. The Prin. Secy. Basic Education & Ors. Counsel for Petitioner :- Pramod Kumar Singh Counsel for Respondent :- C.S.C.,O.P.M. Tripathi with Case :- SERVICE SINGLE No. - 37395 of 2018 Petitioner :- Raj Kumar Respondent :- State Of U.P. Thru. Secy. Deptt. Basic Education & Others Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- C.S.C.,O.P.M. Tripathi Hon'ble Irshad Ali,J.
1: Heard learned counsel for the petitioners, learned Standing counsel, Sri O.P.M. Tripathi, Sri Ajay Kumar, Sri Prashant Arora, Sri Ghaus Beg, Sri Shivam Sharma and to Sri Neeraj Chaurasia, learned Advocate on behalf of the respondents. 2: The petitioners applied for U.P. T.E.T. Examination, 2018 in pursuance to notification issued by the Examination Regulatory Authority. U.P. T.E.T. Examination is a qualifying examination to apply for the recruitment on the post of Assistant Teachers in primary schools and upper primary schools run and managed by the Board of Basic Education. 3: All the petitioners have appeared in the examination and they were under bonafide belief that they will get success in the said examination. 4: Most of the petitioners have obtained 1, 2 or 3 marks less than the marks which were fixed for qualifying the U.P. T.E.T. Examination, 2018. Therefore, they have approached to this Court raising objection in regard to the options given for the certain questions in the question paper of some of the series which was provided during the examination. It is however made clear that questions were same but the serial numbers were different in different series of the question papers. 5: Dealing with the controversy in regard to the award of marks; in Question No.59 of Series - 'C' (Hindi), Question No.61 of Series - 'D' (Urdu) inasmuch as Question No.38 of Series - 'C' (Child Development and Teaching Method), in respect of the same questions bearing different serial numbers in different series. 6: Learned Single Judge of Allahabad High Court, in bunch of writ petitions with leading writ petition numbered as Writ-A No.25791 of 2018 (Smt. Shimla Singh Vs. State of U.P. and Another), after summoning the record and taking opinion of the expert, has recorded the finding and issued certain directions vide judgment and order dated 19.12.2018, which are quoted below: "44. Whether one scores 90 in general Category or 82 in reserved category or more than cut off in either of the categories, it does not make any difference. Those who score more than minimum cut off, it does not give any edge to such candidates over and above the candidates scoring lesser marks. So there is no element of inter se competition at all. And, if the equity is adjusted by allotting one mark for the wrong answer or for the deleted question or in cases where more than one options are the correct answers, it will enable such candidates to acquire eligibility to participate in the selection process in future and more especially, in respect of those candidates who might be having the last chance as per the requirement of age for the purposes of appointment of Assistant Teachers under the Rules.
45. Large number of candidates before this Court in these petitions in general category have either obtained 89 marks or in reserved category have obtained 81 marks so they are just one mark behind the pass marks as 90 and 82 respectively fixed by the respondents.
46. Since the respondent Examination Regulatory Authority itself has provided one mark in respect of question No. 20 of 'A' Series (Child Development and Teaching Method) which has been deleted, to all the candidates irrespective of the fact whether they opted for any option or not, the equity can be adjusted in the present case following the same principle in respect of question No. 38 of 'C' Series (Hind) where two options were taken to be the correct answers as well as question No. 55 of 'C' Series (Hindi) in respect of which two options are also taken to be the correct answers. Similarly, in respect of Urdu paper, the question No. 65 of 'A' Series deserves to be deleted and as the respondents have opted for alloting one mark in identical situation in respect of question No. 20 of 'A' Series (supra) similarly those who have opted for Urdu paper, also deserve to be benefited identically irrespective of the fact whether they opted to answer the question or not or have opted wrong answers, such benefit, equity demands, should be given to all.
47. Accordingly, it is hereby directed that the Secretary, Examination Regulatory Authority U.P. Allahabad/Prayagraj to allot one mark to every candidate in respect of question No. 38 of 'C' Series (Child Development and Teaching Method), Question No. 59 of 'C' Series (Hindi) and so also question No. 61 of 'D' Series of (Urdu) and in respect of same question bearing different serial numbers in different series.
48. With the re-distribution of marks as directed hereinabove, the results shall be declared afresh of such candidates whose position stands altered / benefited in terms of increase in marks, if any.
49. The entire exercise is to be carried out immediately. The State-respondent is also directed to extend the last date for application prescribed for under the advertisement dated 01.12.2018 for selection of Assistant Teachers (Primary Level) in respect of only those candidates who are declared to have obtained qualifying marks as a result of exercise undertaken by the Secretary, Examination Regulatory Authority U.P. in the light of the directions contained in this judgment." 7: In the present bunch of writ petitions, the similar controversy is involved, therefore, the writ petitions are disposed of in the same terms with the same directions, as has been granted in the aforesaid judgment. Order Date :- 20.12.2018 Gautam [Irshad Ali]