Allahabad High Court
Smt. Kalpana Misuriya vs Union Of India And Others on 1 July, 2010
Bench: Ashok Bhushan, Virendra Singh
Court No. - 2 Case :- WRIT - C No. - 27266 of 2010 Petitioner :- Smt. Kalpana Misuriya Respondent :- Union Of India And Others Petitioner Counsel :- Sudhanshu Srivastava,Chandra Shekhar Srivastav Respondent Counsel :- A.S.G.I.,P. Padia Hon'ble Ashok Bhushan,J.
Hon'ble Virendra Singh,J.
Heard learned counsel for the petitioner, Additional Solicitor General of India appearing for the respondent no.1 and Sri Prakash Padia, Advocate, appearing for respondent nos. 2 and 3.
Petitioner is aggrieved by the order dated 3.5.2010 by which petitioner has been declared ineligible for interview for the selection of dealership on the ground that the petitioner has not passed High School.
Learned counsel for the petitioner contended that when the petitioner came to know the reason for cancellation of her interview, she submitted representation on 9.5.2010 along with the duplicate copy of the original High School mark-sheet obtained on 7.5.2010 with request to allow her to appear in the interview. Learned counsel for the petitioner submits that the petitioner has been declared to be passed by giving grace marks. He submits that in view of the subsequent representation petitioner should be accepted to be passed and view of the Corporation rejecting as ineligible is unsustainable. Learned counsel further submits that in first mark sheet supplementary is mentioned and the subsequent mark sheet grace mark is mentioned in the Hindi paper. He submits that although the representation was submitted on 9.5.2010 but no decision on the representation has yet been taken.
Considering the fact that against the letter dated 3.5.2010 (Annexure No.1 to the writ petition) petitioner had already submitted representation on 9.5.2010, we dispose of the writ petition directing the respondent no. 3 to consider the representation dated 9.5.2010 and the documents which are annexed along with it, and thereafter take appropriate decision within three weeks from today. After taking decision Corporation may proceed in accordance with law.
Order Date :- 1.7.2010 Ram Murti