HIGH COURT OF UTTARAKHAND, AT NAINITAL Writ Petition No.184 of 2010 (S/S) Smt. Lata Tewari W/o Shri Mohan Chandra Tewari … Petitioner Versus State of Uttarakhand & others … Respondents Dated:- 15th June, 2010 Hon’ble Tarun Agarwala, J. Heard Sri Dinesh Chauhan, the learned counsel for the petitioner and Sri Paresh Tripathi, the learned Brief Holder for the respondents. The brief facts leading to the filing of the writ petition is, that the State Education Research and Training Centre, Narendra Nagar, Tehri Garhwal issued an advertisement for B.T.C. course in all the 13 districts of Uttarakhand. Since the petitioner fulfilled the eligibility criteria, he applied in the District of Almora. The petitioner also held an N.S.S. certificate. Under the advertisement, it was specified that a candidate, who had a N.S.S. A, B or C certificate, would be given appropriate marks. For N.S.S. ‘A’ certificate, 2 extra marks would be given. Certain universities issued N.S.S. certificates, but, these certificates were not categorised as A, B or C, and in this regard, the Government issued a Notification dated 31st July, 2006 clarifying that a candidate who has undergone 240 hours in a special camp would be categorised in ‘N.S.S. A’ certificate. The petitioner in paragraph 3 of the writ petition has alleged that she was issued a certificate from the Kumaon University and in paragraph 4, it has been alleged that a certificate was issued indicating that she had undergone 240 hours in a special camp. Based on the aforesaid certificate and other eligibility conditions, the petitioner applied and was found successful and the petitioner’s name was included in the select list, but subsequently, her name was cancelled on the ground that two marks had wrongly been awarded for the N.S.S. 2 certificate. The petitioner, being aggrieved, has filed the present writ petition. The counter affidavit of respondent no.3 the Principal of DIET, Almora states that since the petitioner did not hold an N.S.S. ‘A’ certificate, the said marks were deducted, which made her go out of the select list. Having heard the learned counsel for the parties and having perused the counter affidavit, the court finds that the respondents committed an error in not giving 2 marks to the petitioner for the N.S.S. certificate. As per the Government Order dated 31st July, 2006, the petitioner fulfills the eligibility criteria of being categorized as holding an N.S.S. ‘A’ certificate since the petitioner had undergone 240 hours in a special day-night camp as is clear from Annexure-2 to the writ petition. Consequently, the petitioner was entitled for being given the additional 2 marks for the N.S.S. certificate. In view of the aforesaid, since the petitioner’s name was included in the select list, the writ petition is allowed. A writ of mandamus is issued commanding the respondent no.3 to grant admission to the petitioner in the BTC course in which she had applied, within two weeks from the date of production of the certified copy of this order. (Tarun Agarwala, J.) Dated 15.06.2010 LSR