Dilip Gupta, J. - (1.) THE petitioner, who had obtained less than 45% marks in the Graduate Examination, has sought the quashing of the Advertisement issued for the U.P. Teachers Eligibility Test 2011 to the extent it prohibits such candidates of reserved category who have obtained less than 40% in the graduate examination from appearing at the said Test.
(2.) IT is contended by learned counsel for the petitioner that the petitioner belongs to the scheduled caste category and passed the graduate examination in 1995 with 38.77% marks. Thereafter, she also obtained the B.Ed. Degree as there was no restriction of obtaining 40% marks for admission to these course. He, therefore, submits that the restriction of obtaining at least 40% in the graduate examination will make such candidates ineligible to appear at the test, even though they have obtained B.Ed. Degree. He, therefore, submits that the respondents should modify the condition imposed in the Advertisement. It is the submission of the learned counsel for the respondents that the eligibility requirement is a matter within domain of the authority and the petitioner cannot be permitted to suggest her own conditions. It is also his submission that eligibility requirement of obtaining at least 40% marks in the graduate examination is not arbitrary or whimsical.
(3.) I have considered the submissions advanced by the learned counsel for the parties.;