Petitioner challenged TET rejection due to one mark discrepancy over article usage. Court held expert body's assessment final.
Writ petition dismissed; no order as to costs.
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WPSS No.181 of 2014 Hon’ble Sudhanshu Dhulia, J.
Mr. Sunil Upadhyay, Advocate with Mr. Manoj Lakhchaura, Advocate, present for the petitioner.
Mr. Pankaj Negi, Advocate, present
for the respondent.
One has to pass a test known as Teacher’s Eligibility Test (TET), in order to become eligible to teach in an elementary school in a Government College in Uttarakhand. The petitioner appeared in the said examination which was for 150 marks and the qualifying marks were 90 out of 150. The petitioner initially got 88 marks. Thereafter, on reevaluation he obtained 89 marks. According to the petitioner one question was as follows:-
“………Dog is a faithful animal.”
There were four options-
The petitioner gave answer as “(A)” whereas according to the respondent the answer would be “(B)” i.e. “The Dog is a faithful animal.”
The dispute is that if one more mark had been given to the petitioner, he would have qualified the T.E.T. Examination. In the counter affidavit, the logic which has been given by the respondent is that the answer has been assessed by an expert body, according to which word “The” is correct as it denotes a class, or a particular type of animal and, therefore, word “The” is correct.
Since it is the decision of an expert body, no interference is called for.
The writ petition fails and it is hereby dismissed. No order as to costs.
(Sudhanshu Dhulia, J.) 26.03.2014
ML
3 issues framed by the court
Whether the High Court can interfere with the expert body's assessment of the TET question paper
Whether the petitioner's additional mark would have made him eligible
Whether the word 'The' was the correct answer in the questioned English sentence
1 provisions across 1 enactments
Petitioner
Respondent
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
