USHA KUMARI Vs. STATE OF U. P.

JUDGEMENT

(1.) The writ petitioners, who are working as Shiksha Mitra have approached this Court seeking quashing of the orders dtd. 5/11/2020 and 10/11/2020 (Annexure No.7 and 8 to the writ petition) respectively. A further prayer in the nature of mandamus commanding the respondents to permit the petitioners to correct the information in their applications forms and the respondents be directed to grant weightage of 25 marks of Shiksha Mitra and consider the candidature for the petitioners for the post of Assistant Teachers.

(2.) By the impugned orders dtd. 5/11/2020 and 10/11/2020 the Secretary, Examination Regulatory Authority, U.P. Prayagraj, has rejected the representation of the petitioners preferred pursuant to the directions of this Court by its order dtd. 27/8/2020 passed in Writ Petition No.4609 of 2020.

(3.) It is the case of the writ petitioners that they possess the educational qualification of BA along with BTC (Distance Education) and have been working as Shiksha Mitra since the year 2006. The petitioners stood eligible for applying for the post of Assistant Teacher. Accordingly, the petitioners applied under the Assistant Teachers Recruitment Examination, 2019 under OBC category. The petitioners were declared successful having obtained 92 marks and 96 marks respectively as against the minimum qualifying marks of 90 prescribed for OBC/SC/ST candidates. The petitioners contend that they have not been awarded 25 marks as weightage in the selection for 69000 posts of Assistant Teachers as they mentioned BTC in place of BTC through distance education mode. The petitioners contended that they satisfy the eligibility condition for appointment as Assistant Teacher and their candidature could not be rejected simply on the ground that in the online application form BTC by distance education mode had not been disclosed. They contend that no distinction can be drawn between BTC an BTC (by distance education mode). The petitioners nevertheless made representation on 3/6/2020 for correction in the online application form and for grant of the weitage admissible to Shiksha Mitra but no action has been taken. Consequently, the petitioners approached this Court by means of Writ (A) No.4609 of 2020 which was disposed by vide order dtd. 27/8/2020 with direction to decide the claim/representation of the petitioners.