Court No. - 18 Case :- WRIT - A No. - 43125 of 2010 Petitioner :- Umesh Yadav Respondent :- State Of U.P. And Others Petitioner Counsel :- Arvind Kumar Srivastava,Smt. Neelam Srivastava 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 said mark-sheet pertains to paper nos. 6 and 7 in the
Special Group and Allied Computer Group. On the strength of the said
mark-sheet, which is in respect of only two 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 two papers only, namely,
paper nos. 6 and 7.
What logically follows from the mark-sheet is that petitioner has also
cleared paper nos. 1 to 5 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 Paper Nos. 1 to 5 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 :- 26.7.2010
Sushil/-