Jharkhand High Court

WPC/7279/2013 of TAPESHWAR YADAV AND ANR Vs Human Resource Development on 20 December 2013

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COURT OF JHARKHAND AT RANCHI W.P.C. No. 7279 of 2013 1. Tapeshwar Yadav. 2. Birendra Kumar Mahto ..Petitioners Versus The State of Jharkhand & Ors. .….Respondents ----- Coram:HON’BLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioners : Mr. Manoj Tandon, Advocate For the

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.C. No. 7279 of 2013

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1. Tapeshwar Yadav.

2. Birendra Kumar Mahto..Petitioners

Versus

The State of Jharkhand & Ors..….Respondents

-----

Coram:HON’BLE MR. JUSTICE NARENDRA NATH TIWARI

For the Petitioners: Mr. Manoj Tandon, AdvocateFor the Respondents: Mr. M.S. Anwar, Sr. Advocate ----

--02/20122013The petitioners have prayed for a direction on the respondents to publish their results.

It has been stated that though the petitioners have appeared in Teacher Eligibility Test and fared well in the said examination, their results have not been published.

A counter affidavit has been filed by the respondents, stating, inter alia, that the results of the petitioners have not been published for the reason that they did not fill up the column of institution and the percentage of marks obtained by them in appropriate places and their application forms were found incomplete.

I have heard learned counsel for the parties.

According to the petitioners, they filled up all the relevant columns properly. The columns of percentage of marks and institution were not required to be filled up by the petitioners as they had passed Teachers' Training Examination from Indira Gandhi National Open University (IGNOU) and in the certificate issued by the IGNOU, only grade is allotted in the mark sheet. There is no column of percentage in the mark sheet.

The said position has not been disputed by the respondents.

Considering the above, the stand of the respondents does not appear to be just and proper. When percentage of marks is not shown in the certificate and only grade is allotted, there was no percentage of marks to be mentioned in the given column. Withholding of results on such hyper-technical ground is wholly unjustified.

This writ petition is, thus, disposed of directing the Chairman, Jharkhand Academic Council to consider the petitioner's grievance and pass appropriate order within one week from the date of receipt/production of a copy of this order.

( Narendra Nath Tiwari, J)

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