IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 968 (SS) of 2009 Km. Preeti Badhani …Petitioner Versus State of Uttarakhand and others …Respondents Mr. Sanjay Bhatt, Advocate present for the petitioner. Mr. Anil Bisht, learned Brief Holder present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. 1. Heard Mr. Sanjay Bhatt, Advocate for the petitioner and Mr. Anil Bisht, learned brief Holder for the State of Uttarakhand. 2. The case of the petitioner is that she was a candidate for the post of Assistant Teacher (L.T. Grade) (English). However, she was not selected as the selection committee while giving her quality point marks took into consideration all the six subjects in which she appeared, in her high school. 3. The petitioner contends that she has not been appointed for having considered the marks of best five subjects inasmuch as for her case quality points have been given after calculating the average of all the six subjects which according to the petitioner is wrong, as in her case the best five subjects should have been considered. 4. It is an admitted fact that in order to qualify high school examination, one has to pass in only five (including the compulsory subjects) subjects out of six. It is also admitted by the State that such candidates who only pass in five subjects their average is taken only of these five subjects. 2 5. The State therefore in its counter affidavit stated that they had no option but to calculate only five subjects of those candidates who passed in five subjects. 6. However, this method in view of the matter is not fair and equitable inasmuch as those candidates who had best of the six subjects should also be given the same benefit and best of the average of the five subjects should be taken in all fairness. 7. All the same, since selection had already been taken place in the matter therefore, learned State counsel was asked to apprise this Court as to whether there are vacancies of Assistant Teacher L.T. Grade (English) in Garhwal Mandal. 8. Learned Brief Holder for the State submitted that there are more than 159 vacancies but after completion of 2010 selection process, more than 30 posts will remain vacant for the post of Assistant Teacher, L.T. Grade (English). 9. Considering the merit of the present case, the writ petition is liable to be allowed and is hereby allowed. A direction is given to the respondents to re-calculate the quality point marks of the petitioner on the basis of best five subjects in High School and in case by doing so, the petitioner gets more marks or equal marks as given to the last selected candidate she shall also be given appointment on the post of Assistant Teacher L.T. Grade (English). 10. No order as to costs. (Sudhanshu Dhulia, J.) Dated: 19.10.2011 VKG