BABU LAL YADAV Vs. STATE OF DELHI

JUDGEMENT

(1.) With the consent of parties, the matter is finally heard at this stage.

(2.) The petitioner had applied for recruitment to the post of Primary Teacher, MCD, Pos. Code No. 08/98 of the Directorate of Education, Govt. of NCT of Delhi pursuant to Advertisement No. 02 /98 issued by the respondents. The respondents have prescribed the criteria for calculating the score/marks for the purpose of giving appointment to the candidates. As per this criteria, all those who scored 43.33 marks have been given appointment to the posts of Primary Teacher against the aforesaid category. Petitioner has filed this writ petition on the ground that although his score comes to 43.43 but his name is not found in the list of selected candidates. In response to show cause notice issued, respondents appeared and filed counter affidavits. As per the stand taken by the respondents, the score of the petitioner is 43.23 and not 43.43. The difference in calculation of the marks is because of different subjects being taken for calculations while calculating the marks obtained by the petitioner in his Secondary Examination. As per the advertisement, five best subjects are to be taken into consideration. While in the calculation made by the petitioner, these subjects are Hindi, Science, Social Science, Maths and Sanskrit, respondents have taken into consideration Hindi, Science, Social Science, Maths and English. The following chart would depiet the difference: Subject Marks Subject Marks Hindi Science Social Science Math 53/100 42/100 63/100 60/100 Hindi Science Social Science Math 53/100 42/100 63/100 60/100 Subject Marks Subject Marks Sanskrit Total 17/50 235/450 52.22 % English Total 38/100 256/500 51.2%

(3.) From the aforesaid, it is clear that as the petitioner's case marks obtained in Sanskrit are to be taken into consideration, on the other hand the respondents have taken marks of examination in English language into consideration.