Court No. - 38 Case :- WRIT - A No. - 394 of 2010 Petitioner :- Smt. Chanda Devi Respondent :- State Of U.P. & Others Petitioner Counsel :- Prabhat Kumar Singh Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and perused the impugned
order.
The finding recorded is that the petitioner was IIIrd Division in the
Intermediate Examination and, therefore, she was wrongly extended the
benefit of two marks instead of one while preparing the merit list. On
account of the said error, the respondent No.5 was non-suited and the
petitioner was given engagement.
The fact that the petitioner has passed her Intermediate Examination in
IIIrd Division is not denied. It is, therefore, evident that the impugned
order is founded on material which exists on the record. Learned
counsel contends that the petitioner has continued more than a year
and, therefore, her candidature should not be rejected at this stage. The
law in this regard has now been settled by the Supreme Court in the
case of State of Bihar Vs. Upendra Narain Singh and others, (2009) 5
SCC 65.
The writ petition is dismissed, accordingly.
Order Date :- 7.1.2010
Irshad