High CourtsSingle Bench(1996) 12 AHC CK 0043

Kumari Abha Mishra and Others vs District Basic Education Officer and Others Suresh Yadav and Others Vs State of U.P. and Others Kumari Pushpa Yadav Vs Assistant Director of Education (Basic), Faizabad Region and Others

Allahabad High Court · Decided on 18 December 1996 · Citation: (1997) 1 UPLBEC 362

HON’BLE JUDGES
A.N. Gupta, J
CASE NUMBER
Writ Petition No''s. 2078, 2137 and 2157 (M/S) of 1996

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Judgment

4 paragraphs · 490 words

A.N. Gupta, J.—The petitioners of writ petition No. 2078 (M/S) 96 had appeared for admission test held for B. T. C. Course for Faizabed District this year. They had been declared unsuccessful whereas the petitioners of other connected writ petitions were declared successful. The petitioners of writ petition No. 2078 (M/S) of 1996 filed writ petition with the allegations that the petitioners of connected writ petitions are related to Educational authorities or employees of Faizabed District and, therefore, they were shown undue favour in the examination of answer books. The details of the relationship ware also given in the writ petition. By means of interim order dated 16-10-1996, it was directed that the answer books of all the petitioners shall be re-examined by the Principal of Government Girls Intermediate College, Lucknow/which shall be re-evaluated either by Principal, Gover-meni Girls Intermediate College herself or any teacher nominated by her. Accordingly, the answer books were examined by the Principal of Government Girls Intermediate College, Sahamina road, Lucknow. She has sent back the answer-books in a sealed cover alongwith marks obtained by all the petitioners as a result of re-evaluation by her. The marks obtained by the petitioner as a result of original if evaluation and as a result of re-valuation do not differ substantially. In moat of the cases either there is no difference or there is a difference of one or two marks only. It was an objective test in two papers of General Knowledge and Teaching Aptitude carrying 100 marks each. It is true that Km. Neelam Singh, petitioner No. 5 of Writ Petition No. 2078 (M/S) of 1996 has been able to get five and four marks more in both the papers but it does not alter the result. Last girl candidate who was admitted had secured 195 marks in the admission test. Km. Neelam Singh had secured 149 marks in the original evaluation and after 9 marks are added, she does not get admission in the B. T. C.

2.

In view of the above, it follows that the allegation made by the petitioners of the Writ Petition No. 2087 (M/S) of 1996 that undue favours where shown to the petitioners of other connected writ petitions in evaluation of the answer books as they happened to be relation of educational authorities of Faizabad District is without substance.

3.

In view of this, Writ Petition No. 2078 (M/S) of 1996 fails and it is hereby dismissed with Rs. 2,500/- as costs which can be realised by District Basic Education Officer, Faizabad. The interim order dated 16-10-1996 is hereby vacated. Petitioners of other connected writ petitions shall be admitted to B. T. C. course in accordance with their merits. The other connected writ petitions are disposed of accordingly.

4.

The answer books and other material if any received from the Asstt. Director of Education (Basic), Faizabad shall be return to Smt. Meena Asthana for being sent to the officer concerned.