V.K.SHUKLA,J . - (1.) PETITIONER has rushed to this Court for declaring Clause 1(a) of the Broucher issued issued by U.P. Secondary Education Board which limits the zone of consideration by imposing 40% marks in reference to SC/ST category candidate in graduation for undertaking U.P. Teacher Eligibility Test (UPTET) 2011. Petitioner submits that on account of imposition of such a condition, Petitioner's candidature stands rejected under U.P. Teacher Eligibility Test, 2011 and as such aforementioned condition in question is arbitrary and unreasonable, as same has the effect of making her B.Ed Degree as redundant and nugatory . Petitioner has stated that she has perused her B.Ed course on the mark obtained by her in written examination of post graduate and now at this juncture of life on account of imposing such condition of having 40% at Graduation level has no nexus with the fixation of such eligibility criteria blocking the road for under taking examination.
(2.) SRI . M.A. Mishra, Advocate, learned Counsel for the Petitioner contended that imposition of such condition is completely arbitrary and unreasonable and as such said condition is liable to be struck down.
(3.) LEARNED Standing Counsel on the other hand contended that fixation of eligibility criteria is the domain of employer and once employer in his wisdom has chosen to fix eligibility criteria for qualifying examination, then this Court in exercise of its authority of judicial review cannot interfere. After respective arguments have been advanced, undisputed factual position, which is emerging in the present case that Madhyamik Shiksha Parishad, U.P. at Allahabad has issued advertisement dated 22.9.2011 for conducting U.P. Teacher Eligibility Test, 2011 and the said exercise has been undertaken by National Council for Teacher Education pursuant to the mandate provided for under Section 23 of Right of Children to fee and Compulsory Education Act, 2009. At this juncture Petitioner who has not got to her credit 40% marks at graduation level have rushed to this Court for quashing of the said condition.;