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2017 DIGILAW 783 (PAT)

Sawita Kumari, Wife of Ashok Yadav v. State of Bihar

2017-06-20

ANIL KUMAR UPADHYAY, RAJENDRA MENON

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JUDGMENT : RAJENDRA MENON, J. The learned Writ Court has refused to interfere with the matter and in the matter of appointment to the Centre in question has upheld the order dated 25.06.2014 passed by the Divisional Commissioner, Munger on consideration of the fact that under Clause 5 of the Directives issued for appointment for calculating the percentage of marks, only the marks obtained by the candidate in the matriculation or equivalent examination are to be considered and the marks obtained Patna High Court LPA No.1500 of 2016 dt.20-06-2017 in additional paper or subject are not to be calculated. In the case of the present appellant, namely Smt. Sawita Kumari, additional marks obtained by her in the additional paper was calculated and thereby Clause 5 was violated at the time of preparation of her merit list and if considering these factors, the Divisional Commissioner and the Writ Court have not interfered into the matter, we see no reason to make any further indulgence into the same as Clause 5, which was applicable at the time of selection, has been correctly interpreted both by the appellate authority, namely the Commissioner, and the Writ Court, and, therefore, we find no error in the same making any further indulgence into the matter. Accordingly, the appeal stands dismissed.