A.P.SAHI,J - (1.) HEARD Shri Indra Raj Singh, learned counsel for the petitioner, Shri Ravi Shankar Prasad for the respondent no. 4-U.P. Basic Education Board and the learned standing counsel for the State.
(2.) SHRI Indra Raj Singh contends that the impugned order dated 24.08.2009 proceeds on an erroneous assumption of fact, inasmuch as, the petitioner has been rightly selected on the basis of marks obtained by him in the High School examination, in which he had appeared in the year 1988. It is urged that the petitioner's marks of the high school examination therefore had been rightly calculated along with the marks of his Intermediate examination by the Gram Shiksha Samiti while considering the candidature of the petitioner for appointment as Shiksha Mitra. He contends that the impugned order deserves to be set aside as there was no occasion for the District Magistrate, Fatehpur to proceed ex-parte against the petitioner and pass the impugned order on the strength of report available relating to the two mark sheets of the petitioner of High School Examination. I have perused the impugned order and also the averments contained in the writ petition. The petitioner has not disputed the fact of having attempted the high school examination for a second time in the year 1995. In the said examination the petitioner had obtained only 266 marks out of 600 as against the marks obtained by him earlier in the year 1988. The petitioner did not apply for appearing in the intermediate examination on the strength of the high school mark sheet of 1988. On the contrary, the petitioner applied and appeared in the Intermediate examination of 2005 on the strength of his high school examination of 1995. This fact has not been disputed before this Court. It is therefore evident that the petitioner was able to succeed in the Intermediate examination only upon his having attempted the examination having been allowed to appear in the same on the strength of the high school mark sheet obtained in the year 1995.
(3.) IN this view of the matter, it is the marks of the high school exams of 1995 and the Intermediate exams of 2005 combined, as contemplated under the Government Order dated 10.10.2005, that a calculation has to be made and not on the basis of the high school examination that the petitioner passed out in the year 1988. The Government Order clearly prescribes that the marks have to be calculated on the basis of the aggregate marks of the high school and the intermediate examinations. As pointed out herein above, the intermediate examination which have been passed by the petitioner can be co-related to the high school examination of 1995 only and not to the high school examination of 1988.;