Dilip Gupta, J. - (1.) THE petitioners, who had obtained less than 45% marks in the Graduate Examination, have sought the quashing of the Advertisement issued for the U.P. Teachers Eligibility Test 2011 to the extent it prohibits such candidates who have obtained less than 45% in the graduate examination from appearing at the said Test.
(2.) IT is contended by learned counsel for the petitioners that the petitioners belong to the general category and passed the graduate examination in 1995 and 1997 with 43% and 42.6% marks respectively. Thereafter, they took admission to M.A. Course and also obtained the B.Ed. Degree as there was no restriction of obtaining 45% marks for admission to these courses. He, therefore, submits that the restriction of obtaining at least 45% 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 petitioners cannot be permitted to suggest their own conditions. It is also his submission that eligibility requirement of obtaining at least 45% marks in the graduate examination is not arbitrary or whimsical.
(3.) I have considered the submissions advanced by the learned counsel for the parties.;