Neutral Citation No. - 2025:AHC:50303 Court No. - 6 Case :- WRIT - A No. - 4327 of 2025 Petitioner :- Devraj Singh Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Kauntey Singh, Advocate for petitioner and Mrs. Archana Singh, Advocate for Respondent-3. 2. It is not in dispute that issue with regard to appointment of Assistant Teachers in pursuance of Advertisement dated 21.12.2016 is presently seized with Supreme Court, therefore, the Court has to consider, whether the issue raised in this writ petition can be decided by this Court or not. 3. As per learned Senior Advocate appearing for petitioner, in the online form details of marks obtained in BCA from Birla Institute of Technology, petitioner has rightly filled the total marks to be 4200 and marks obtained to be 2571 and computer has generated percentage to be 61.21 and he refers the online form annexed alongwith this writ petition. 4. Learned Senior Advocate further submits that petitioner appeared for counselling, however, he was not allowed to participate on the ground that in terms of Grade Report of Birla Institute of Technology, which is also annexed alongwith this writ petition, his percentage would come to 61.20 and not 61.21 as orally communicated at the time of counselling. 5. Learned Senior Advocate submits that it could not be a case of wrong submission of details since the total number mentioned in online form is correct, therefore, even if the respondents find that petitioner’s percentage was 61.20, the merit can accordingly be determined and petitioner cannot be non-suited or declined to participate in counselling. 6. Learned counsel appearing for respondents submits that Grade Report has specifically provides the formula to determine percentage and on basis of such formula in order to get percentage, CGPA is to be multiplied by 10 and accordingly petitioner’s percentage would come 61.20, therefore, petitioner has wrongly mentioned the details in online form. She further submits that the matter is seized with Supreme Court, therefore, the issue may not be decided finally. 7. I have considered the above submissions. Details submitted by petitioner in online form, so far as total number of marks and marks obtained, are correct as well as percentage is also determined by computer. No reason in writing was communicated to petitioner at the time of counselling that due to which reason he was denied to participate in counselling. It may be a case that according to formula given in Grade Report the percentage may be come to 61.20 but on basis of submission and record, it cannot be a case that petitioner has tried to mislead or filled incorrect numbers in order to get certain advantage. Respondents were always at liberty to determine merit on basis of correct percentage, which would be 61.20 in the present case. 8. In aforesaid circumstances, this writ petition is disposed of that claim of petitioner may be considered by Respondent-3, Secretary, Board of Basic Education, U.P. at Prayagraj, however, it will be subject to outcome of litigation pending before Supreme Court. Order Date :- 8.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad