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2013 DIGILAW 709 (UTT)

JYOTI DEOPA v. UTTARAKHAND BOARD OF SCHOOL EDUCATION

2013-11-11

ALOK SINGH

body2013
JUDGMENT Hon’ble Alok Singh, J (Oral). Petitioners, of all the petitions, feeling aggrieved by the action of respondent not permitting them to appear in the Uttarakhand Teachers Eligibility Test – II, 2013 preferred present writ petitions. 2. The main grievance of the petitioners is that prescribing minimum 45% of marks in Graduation /B. Ed. mandatory, to consider for admission in UTET – II 2013, is contrary to the judgment passed by this Court in the case of Baldev Singh and others Vs. State of Uttarakhand and* others reported in 2011 (2) UD 575 as well as contrary to the judgment dated 25.07.2013 passed by this Court in WPSS No. 739 of 2013. 3. Undisputedly, learned Single Judge of Coordinate Bench of this Court in the case of Baldev Singh (supra) has opined that fixation of 45% or 50% marks in Graduation / B.Ed., as minimum cut off mark to appear in UTET – I examination is bad in law. 4. Division Bench of this Court in Special Appeal No. 286 of 2013 decided on 04.09.2013, also expressed the same opinion. Therefore, I do not find any valid reason to take contrary view to the view taken by this Court. Moreover, judicial discipline also requires to follow the earlier judgments passed by Coordinate Bench as well as Division Bench of this Court. Therefore, in the light of judgments passed by this Court in the case of Baldev Singh (supra) and in Special Appeal No. 286 of 2013 on 04.09.2013, condition of fixation of 45% or 50% at Graduation level in the advertisement for UTET – II, 2013 is hereby quashed. Candidatures of the petitioners shall be considered for UTET – II 2013, if they are otherwise eligible. 5. All the petitions as well as all the pending applications stand disposed of. 6. Let certified copy of this judgment be supplied to the learned counsel for the parties today itself on payment of usual charges. 7. Let copy of this judgment be placed in all the connected files.