He has number been selected by the respondents on the ground that the average marks obtained by him in the qualifying examination was less than 52.3 which was the lowest average on the basis of which appointments had been given.
If such higher marks obtained in Praveshika examination is companysidered along with the marks obtained in Shastri examination being 61.60, the appellant must be held to have obtained an average of 52.6 marks.
It, however, appears that the appellant has passed Praveshika and also Upadhyay examinations being equivalent to Higher Secondary and he has also passed the Shastri examination being equivalent to B. Ed.
Therefore, if the appointments had been given on the basis of lowest average marks of 52.3, the appellant was entitled to be appointed having secured higher percentage than 52.3.
Hence, the marks in Praveshika examination being higher according to Note under Clause b of Rule 6, the said higher marks should be taken into account for calculating the percentage.
Heard learned companynsel for the parties.
Leave granted.
The appellant obtained 36 marks in the Upadhyay examination but in the Praveshika examination he obtained 43.63.
examination.
