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2018 Supreme(All) 2282

DILIP B. BHOSALE, YASHWANT VARMA
Kul Bhushan Mishra – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant : Satyendra Chandra Tripathi, Shivendu Ojha, Sri Radha Kant Ojha.
For the Respondent: C.S.C., Ashok Kumar Yadav.

JUDGMENT :

Yashwant Varma, J.

1. This special appeal along with connected matters has, with the consent of parties, been taken up for disposal together since the issues raised are common and identical.

2. The principal question which arises for determination is the claim of "Shiksha Mitras" [the appellant and writ petitioners in this batch of matters] to a weightage of 2.5% marks in the Assistant Teacher Recruitment Examination. It is the contention of Shiksha Mitras that this weightage is liable to be accorded to them at the stage of computation of marks obtained in the Assistant Teacher Recruitment Examination. The learned Single Judge in this appeal has held that this claim is untenable since the second proviso to Rule 14(3)(a) cannot be read as providing for a weightage being added to the marks obtained in the aforesaid examination. The learned Judge has further held that the second proviso to Rule 14 (3) (a) cannot be interpreted in a manner so as to modify the substantive rule.

3. Since a large number of appeals and writ petitions stood tagged with this leading appeal, we h



























































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