Court No. - 49
Case :- WRIT - A No. - 18632 of 2019 Petitioner :- Ved Prakash Kushwaha And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Ziya Uddin Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard Sri Ziya Uddin, learned counsel for the petitioners and learned Standing Counsel for respondents.
The petitioners have preferred the present writ petition with the prayer inter alia to issue a mandamus commanding the respondents to issue appointment letter in favour of the petitioners after the petitioners found illegible and qualified in respect of Assistant Teacher Recruitment Examination, 2018.
It is argued by the counsel for the petitioners that wholly illegally correct marks were not awarded to the petitioners in respect of several questions. Learned counsel for the petitioners relied upon on the judgment dated 22.10.2019 passed by Co- ordinate Bench of this Court in Writ-A No.6420 of 2019 (Narendra Kumar Chaturvedi vs. State of U.P. & 3 Ors.) connected with several other writ petitions.
After hearing the learned counsel for the parties at great length, findings were recorded in the aforesaid judgment that the petitioners are entitled for the declaration of their result. Operative portion of the aforesaid judgment is reproduced below:-
"In view of aforesaid decision taken by the State Government, present petition is disposed of with direction to Secretary, Examination Regulatory Authority, U.P. Allahabad to conduct the revaluation of answer book of petitioner in this petition as well as in all connected writ petitions within a period of three months from today strictly in accordance with guidelines issued by this Court in the matter of Aniruddh Narayan Shukla (supra) as well as Radha Devi (supra).
Needless to say that in case some order is passed by the Apex Court in SLP in the matter of Radha Devi (supra), same shall be abide by the "Secretary" while conducting the revaluation.
Petitioners are also directed to submit copy of this order along with application in the office of "Secretary" within a period of one month from today to avoid any confusion in revaluation of their answer books.
After revaluation of answer sheet and declaration of result, "Secretary" is directed to send the result to concern State authority for issuance of appointment letter against the remaining 22211 post of Assistant Teacher as per marks obtained by the petitioner as well as minimum cut off marks within four weeks from the date of declaration of result."
Heard learned counsel for the parties and with the consent of the parties, the present writ petition is finally disposed of directing the Secretary Examination Regulatory Authority, U.P., Allahabad, to conduct revaluation of answer books of the petitioners within a period of one month from today, strictly in accordance with the guidelines issued by this Court in the matter of Aniruddh Narayan Shukla (Writ-A No.18235 of 2018, decided on 30.10.2018) as well as Radha Devi passed in Special Appeal Defective No.756 of 2019. The petitioners are directed to submit the copy of this order along with the representation in the office of respondent No.2 within a period of two weeks from today to avoid any confusion in revaluation of their answer books.
After revaluation of answer books and declaration of result, 'Secretary' is directed to send the result to the concerned State Authorities for issuance of appointment letter against the remaining 22211 post of Assistant Teacher as per marks obtained by the petitioners as well as minimum cut-off marks within a period of four weeks from the date of declaration of the result.
Order Date :- 28.11.2019 Ravi Kant