ABHISHEK KUMAR BAJPAYEE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the petitioner, Sri A.K. Yadav, learned counsel for respondent No.3 and learned Standing Counsel for respondent Nos.1, 2 and 4.

(2.) The State of U.P. has decided to fill up 68500 vacancies of Assistant Teacher in Primary School run by U.P. Basic Shiksha Parishad, Allahabad. Pursuant to the aforesaid decision, State Government directed the Director, State Council of Educational Research and Training JBTC, Campus, Nishatganj, U.P. Lucknow as well as respondent no.4-Secretary Examination Regulatory Authority, U.P. Allahabad to conduct the Assistant Teacher Recruitment Examination of 2018 (hereinafter referred to as 'Examination 2018). Pursuant to the said decision, on-line applications were invited to fill up 68500 vacancies of Assistant Teachers by advertisement dated 8.5.2018. The cut off percentage to qualify in the examination was 45% for General and O.B.C (other backward class) candidates and 40% for Schedule Cast Candidates. Thus, to qualify the examination 2018, candidates belonging to General/O.B.C category should secure 67 marks and candidates belonging to scheduled cast category should secure 60 marks.

(3.) The petitioner being eligible applied for selection and appointment on the post of Assistant Teacher. The examination consisted of written examination of 150 questions . The petitioner appeared in the examination and attempted 142 questions out of 150 questions. Respondent no.4 published answer key on 5.6.2018 and objections against the proposed answer key was entertained till 9.6.2018. The Expert Committee was to consider the objections against the answer key and submit its recommendation by 15.6.2018. The modified/corrected model answer key was to be published on 18.6.2018. The result was declared on 13.6.2018 and model answer key was also published. The petitioner secured 59 marks in the examination.