Court No. - 18 Case :- WRIT - A No. - 43943 of 2010 Petitioner :- Vijendra Kanojiya Respondent :- State Of U.P. And Others Petitioner Counsel :- Sri. Raman Pandey,B. P. Pandey Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned
Standing Counsel for the State-respondents.
Petitioner has admittedly filed a mark-sheet along with
application form submitted for admission to Basic Teaching
Certificate Course-2010, in respect of graduate level
examination conducted by the University of Mumbai. The
mark-sheet filed pertains to three papers only in the Special
Group and Allied Computer Group. On the strength of the
said mark-sheet, which is in respect of only three papers, it
has been claimed by the petitioner that same is the mark-
sheet of his graduate level examination. On bare reading of
the mark-sheet it is clear that the same cannot be termed to
be a mark-sheet of the graduate level examination as a
whole, as it pertains to three papers only.
What logically follows from the mark-sheet is that petitioner
has also cleared other papers and marks-obtained in such
papers have not been disclosed and therefore, the
authorities are legally justified in stating that the mark-sheet
submitted by the petitioner is not in respect of his graduate
level examination, as required for awarding the quality point
marks in the matter of admission to Basic Teaching
Certificate Course-2010.
At this stage, learned counsel for the petitioner submits that
in other District Institutes of Education and Training, persons
have been granted admission on the strength of such mark-
sheets only.
The Hon’ble Supreme Court of India has repeatedly held that
there cannot be any negative equality, nor the Court can ask
the authorities to act in an illegal manner.
The present writ petition is accordingly dismissed.
At this stage, learned counsel for the petitioner submits that
he may be granted liberty to file mark-sheet of other papers
in respect of graduate level examination for consideration of
his claim for admission to Basic Teaching Certificate
Course-2010.
No orders are required to be passed by this Court at this
stage of the proceedings. Suffice it to record that the
petitioner may, for the purpose, approach the Principal,
District Institute of Education and Training, who may
examine the grievance and take appropriate decision in the
matter.
(Arun Tandon, J.)
Order Date :- 29.7.2010
Sushil/-