Court No. - 30
Case :- WRIT - A No. - 6694 of 2018 Petitioner :- Umlesh Singh Respondent :- State Of U.P. Through Secretary Basic Education And 3 Others Counsel for Petitioner :- Ashutosh Pandey,Anurag Tiwari Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Vivek Rai, learned Additional Chief Standing Counsel appearing for the respondents and have perused the record.
Present petition has been filed seeking a writ of mandamus directing the respondent no. 4 to correct marks obtained by the petitioner in Intermediate Examination as 260 in place of 52 and 52% in place of 10.4% in online registration form for the appointment on the post of Part Time Instructors in Physical Education & Sport on contractual basis in Senior Basic School Run by U.P. Basic Education Board, Allahabad.
Subject to verification of the correct educational certificate, on perusal of page 13 and page 17 of the paper book, there appears to be some clerical mistake in filling up the marks of the Intermediate Examination. As per marks- sheet, a copy whereof has been annexed along with the present petition, the petitioner has obtained 260 marks out of 500 and percentage comes to 52%. On page 17, 52 marks have been filled up and percentage shown is 10.4%.
Submission of the learned counsel for the petitioner is that in fact the percentage has been wrongly filled up in place of marks and for this reason the percentage of marks has come down and it indicates that the petitioner has miserably failed in Intermediate Examination. Submission is that after passing the Intermediate Examination, the petitioner has also done graduation and B.P.Ed. course, which could not have been possible in case the petitioner had failed in Intermediate Examination. He lastly submits that with regard to his grievances, the petitioner has already filed a representation before the respondent no. 4, which has not been considered as yet.
Sri Vivek Rai, learned Additional Chief Standing Counsel appearing for the respondents submits that it is a computerized process in filling up the form and the form has been filled up by the petitioner himself and thus the petition is devoid of merit.
Be that as it may, without going into the merits of the claim of the petitioner, this petition stands disposed of with liberty to the petitioner to file a fresh representation before respondent no. 4 along with certified copy of this order, which shall be considered and decided by the respondent no. 4 on its own merit, preferably within a period of two months from the date of filing of such representation.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the said respondent while deciding the claim of the petitioner.
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs.
Order Date :- 26.2.2018 Abhishek