Bharti Bhandari v. Uttarakhand School Education Board, Ramnagar, Nainital, through its Secretary
2016-03-01
SUDHANSHU DHULIA
body2016
DigiLaw.ai
JUDGMENT : Sudhanshu Dhulia, J. 1. Mr. G.D. Joshi, Advocate present for the petitioner. 2. Ms. Shivangi Gangwar, Advocate, present for the respondent no.1. 3. Mr. B.P.S. Mer, Brief Holder, present for the State/respondent nos.2 & 3. 4. Petitioner appeared in a Teachers Eligibility Test (in short “TET”) in the year 2013 as a general category candidate but she secured 89 marks out of 150 marks in the said examination. The cut-off marks for passing the TET examination for a general category candidate is 90 marks. The petitioner, however, disputes that one question has been wrongly evaluated by the respondent authorities. 5. This matter has already been settled by the Division Bench of this Court in SPA No.240 of 2014 (Chandan Lal Vs. State of Uttarakhand and others) wherein the Division Bench of this Court was of the view that in the said examination marking was wrongly given and consequently relief was granted to the petitioner. The operative portion of the judgment (referred above) reads as under:- “Heard learned counsel for the parties and perused the record. The only question herein to be decided by us is - whether T;ksRLuk (Option ‘A’) or T;ksRLuk (Option ‘B’) is correct answer. As per the appellant, the correct answer is T;ksRLuk (Option ‘A’) whereas as per the counter affidavit filed on behalf of the respondent no.3, the correct answer of the question is T;ksRLuk (Option ‘B’). Learned Single Judge, having gone through one dictionary namely, “Lokbharti Parmanik Hindi Kosh” also reached to the conclusion that T;ksRLuk (Option ‘B’) is correct answer. A grammar book “Manak Hindi Vyakaran and Lekhan” published by Hitheshi Publishers (Pvt.) Ltd. is produced before us, in which, T;ksRLuk (Option ‘A’) is the correct answer. Learned counsel for the appellant produced a dictionary before us, namely, Sanskrit Hindi English Dictionary, published by Ashok Publishers, New Delhi, in which, T;ksRLuk (Option ‘B’) is the correct answer. In our view, the appellant, while replying and putting tick mark on T;ksRLuk (Option ‘A’), had not committed any mistake. A candidate of ordinary reasonable prudence could have either replied the question T;ksRLuk (Option ‘A’) or T;ksRLuk (Option ‘B’), in as much as the replies vary in the text books / dictionaries themselves.
In our view, the appellant, while replying and putting tick mark on T;ksRLuk (Option ‘A’), had not committed any mistake. A candidate of ordinary reasonable prudence could have either replied the question T;ksRLuk (Option ‘A’) or T;ksRLuk (Option ‘B’), in as much as the replies vary in the text books / dictionaries themselves. But considering the fact that expert, as well as, the dictionary published by the State Project Office, Sarva Shiksha Abhiyan, suggests that T;ksRLuk (Option ‘A’) is the correct answer, we hold that both T;ksRLuk (Option ‘A’) and T;ksRLuk (Option ‘B’) are the correct answers for the purpose of present controversy. The respondents are directed to correct the result of the appellant by treating his answer T;ksRLuk (Option ‘A’) as correct answer. Appellant’s marks be corrected accordingly. It is clarified that our order is confined to the appellant only. The appeal stands disposed of.” 6. In the present writ petition, the controversy and the relief sought are the same. The dispute also relates to the same question as above. 7. In view of the above, the writ petition stands disposed in terms of the judgment dated 16.07.2014 passed in SPA No.240 of 2014 (Chandan Lal Vs. State of Uttarakhand and others). 8. Let a certified copy of this order be supplied to the learned counsel for the petitioner within a period of 48 hours on the payment of usual charges.