Court disposed of writ petition regarding allotment of marks in Assistant Teachers exam. Ordered third respondent to supply scanned answer sheets after fee verification considered for re-evaluation.
Directed respondent to supply scanned answer sheets within 10 days and consider re-evaluation.
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Court No. - 4
Case :- WRIT - A No. - 26580 of 2018
Petitioner :- Mohd. Ajamal Anasri Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Azhar Hussain Counsel for Respondent :- C.S.C.,Awadhesh Kumar
Hon'ble Ajit Kumar,J.
The grievance of the petitioner is with regard to the allotment of marks in respect of examination held for selection against the vacancies of Assistant Teachers in Junior Basic Schools. The petitioner states that he has already applied for the scanned copy by deposit the requisite fee as per the Government order but has not been provided with the scanned copy of his answersheets. The petitioner also contends that he is interested in re-examination/re-evaluation of his answersheets at the same time in the light of the judgement of this Court in the Case of in the case of Aniruddh Narayan Shukla and 118 Others v. State of UP and 3 Others in Writ-A No.18235 of 2018 and this Court vide its final judgment and order dated 30th October, 2018 has made following observations and directions :-
" It appears that some of the petitioners have not availed of the liberty granted under the Government Order dated 05.10.2018 to apply for re-evaluation, for the simple reason that the writ petitions were pending before this Court. It is stated that some of the petitioners were advised not to do so. Since the task of reevaluation has, otherwise, been made available by the respondents themselves, it would be appropriate to grant one further indulgence to all such petitioners to make their objections or to apply for re-evaluation, within a period of two weeks from today, along with certified and/or true copy of this order. It is made clear that except to grant this opportunity, no further opportunity would be extended to any of the persons to raise a fresh grievance. Exercise of re-evaluation would be carried out by the Examination Regulatory Authority on the basis of observations, made above, and in accordance with law. Aforesaid guidelines are necessary in order to ensure that the candidates are treated fairly
and unnecessary further litigation, in respect of the recruitment itself, could be avoided on the questions already formulated.
The Secretary of the Examination Regulatory Authority states that the task of re-evaluation would be completed expeditiously, preferably, within a period of two months from today. It is, however, provided that so long as such exercise is not completed, the left over seats/vacancies of the recruitment in question would not be subjected to a fresh process of recruitment.
With the observations/directions aforesaid, this petition stands disposed of, accordingly.
No order is passed as to costs. "
Sri Awadhesh Kumar, learned counsel for the respondent and learned Standing Counsel has no objection if the writ petition is disposed of in light of the judgement of Aniruddh Narayan Shukla (supra) .
Accordingly, the third respondent is directed to supply scanned copy of the answer sheets to the petitioner after due verification of the deposit was made by the petitioner in that regard on 29.08.2018 within 10 days from the date of production of certified copy of this order. Reexamination/re-evaluation of the answer-sheets of the petitioner will also be considered in the light of the judgement of Aniruddh Narayan Shukla (supra).
The writ petition therefore, is disposed of in terms of the same direction as contained in the judgement of Aniruddh Narayan Shukla (supra) .
Order Date :- 14.12.2018 P Kesari
1 issue framed by the court
Whether the petitioner is entitled to scanned copies of answer sheets and consideration for re-evaluation after judgment in Aniruddh Narayan Shukla.
Colour shows how this judgement treated each authority
Aniruddh Narayan Shukla and 118 Others v. State of UP and 3 OthersApplied¶5
Aniruddh Narayan Shukla and 118 Others v. State of UP and 3 Others in Writ-A No.18235 of 2018
Mohd. Ajamal Anasri
State Of U.P.
2 Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
