NISHA RANI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The grievance of the petitioners is that both the petitioners are post graduate and B.Ed. Both of them intend to appear in UPET-II examination, however, as per the advertisement, annexure No.10 to the writ petition, only those candidates can appear in the UPET-II examination, who have secured minimum 45% marks in graduation alongwith B.Ed./L.T./Shiksha Shastra.

(2.) The contention of the petitioners is that at the time of taking admission in the B.Ed./L.T./ Shiksha Shastra courses, there was no requirement to secure 45% marks in graduation, therefore, at this stage, fixation of 45% marks in graduation is arbitrary.

(3.) Learned counsel for the petitioners, while placing reliance on the judgment passed by the Coordinate Bench of this Court dated 28.08.2012 in Writ Petition No. 772 (SS) of 2011, Baldev Singh and others Vs. State of Uttarakhand and others and in the connected writ petitions, has contended that imposition of minimum 45% and 50% marks in graduation as the case may be held to be in violation of Article 14 of the Constitution of India and judgment passed by the Coordinate Bench of this Court dated 28.08.2012 Baldev Singh was upheld in Special Appeal No. 286 of 2013 decided on 04.09.2013.