JUDGMENT :

1. Heard Sri Siddharth Khare, learned counsel appearing for the petitioner and learned Standing Counsel appearing for the Respondents No. 1 and 2 as well as Smt. Archana Singh, learned counsel appearing for the Respondents No.3 and 4.

2. Petitioner through present writ petition has challenged the order dated 3.12.2022 passed by the District Basic Education Officer, Budaun, whereby appointment of the petitioner on the post of Assistant Teacher in Primary School Khiriya Rahlu, Block Jagat, District Budaun has been cancelled with effect from the date of her initial appointment.

3. Facts of the case, in brief, are that Secretary, Examination Regulatory Authority, U.P. Pyrayagraj published an advertisement thereby applications were invited from the eligible candidates for Assistant Teacher Recruitment Examination, 2019. The aforesaid examination was conducted for making appointments on 69,000 posts of Assistant Teacher in primary schools run by U.P. Basic Education Board, Prayagraj.

4. Petitioner submitted her online application and she was allotted Registration No.0300067918. The petitioner pursuant to her application appeared in the Assistant Teacher Recruitment Examination, 2019 and was declared successful. Thereafter, on the basis of marks obtained by the petitioner in the Assistant Teacher Recruitment Examination, 2019, she submitted her application for appointment to the post of Assistant Teacher.

5. Petitioner pursuant to her application, appeared in the counselling for district Budaun on 3.6.2020 and she was declared successful for appointment to the post of Assistant Teacher in a primary school of district Budaun. Petitioner’s name figured at Serial No.226 of the select list prepared by the department and in the aforesaid list it was mentioned that petitioner has obtained 70.11 quality point marks.

6. The aforesaid counselling and select list prepared was cancelled and thereafter, counselling was again held on 2.12.2020 and this time also, petitioner’s name figured at Serial No.253 and her quality point marks were mentioned as 70.11 but in front of her name, a remark was written that ‘there is difference in High School and Intermediate marks filled in by the petitioner and Cumulative Grade Point Average (C.G.P.A.)’.

7. The State Government issued a Government Order on 4.12.2020, wherein it has been provided that if the marks filled in by the candidate in the application form are less than the actual marks shown in his marksheet, then affidavit be taken from the said candidate that he is in agreement with his position in the select list on the basis of his lower marks and he will not claim for higher position in the said list, thereafter, he may be issued appointment letter. In the Government Order dated 4.12.2020, it has been further provided that if the candidate, while filling up the form, has mentioned the total marks for which the examination was conducted more than the marks mentioned in his mark sheet, affidavit be taken from the said candidate that on the basis of higher marks, he will not claim a higher position in the select list and he may be issued appointment letter.

8. Petitioner in her High School examination secured CGPA-9.2 but while filling up the Application Form for Assistant Teacher Recruitment Examination, 2019, she filled the marks obtained by her as 9 and total marks for High School examination as 10 and therefore, while calculating the percentage of marks of High School examination of the petitioner, it was taken as 90%, whereas as per CGPA-9.2, her percentage of marks comes to 9.5 x CGPA i.e. 9.5 x 9.2 i.e. 87.4%. Thus, it is apparent that due to incorrect marks of High School examination filled in by the petitioner in her application form, she was at an advantageous stage as her percentage became 90% in place of 87.4%.

9. Petitioner while filling up her application form for the Assistant Teacher Recruitment Examination, 2019 filled in the marks obtained by her in Intermediate examination as 331