Writ petition seeking mandamus to treat petitioner as OBC candidate dismissed as he submitted a certificate outside the prescribed validity period, per precedent.
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Court No. - 5
Case :- WRIT - A No. - 13614 of 2018
Petitioner :- Nikhil Kushwaha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arti Raje Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition has sought issuance of a mandamus for commanding the respondents to treat the petitioner as falling in OBC category.
It is not disputed before this Court that the stipulations carried in the advertisement required the submission of an OBC certificate issued between the period of 1 April 2015 to 17 February 2016. Undisputedly, the OBC certificate which is relied upon is dated 20 July 2016 and, thus, evidently contrary to the requirements placed in the advertisement. The court additionally notes that there is no challenge to the stipulations as carried in the advertisement.
Accordingly and in the light of the above as well the principles enunciated by the Full Bench of this Court in Gaurav Sharma & Ors. Vs. State of U.P. & Ors., 2017 (5) ADJ 494 , the Court finds no ground warranting entertainment of this petition, which shall consequently stand dismissed.
Order Date :- 8.6.2018 VKS
1 issue framed by the court
Whether writ jurisdiction should be exercised where the OBC certificate was issued outside the validity period specified in the advertisement.
Colour shows how this judgement treated each authority
Gaurav Sharma & Ors. Vs. State of U.P. & Ors.Referred¶8
Gaurav Sharma & Ors. Vs. State of U.P. & Ors., 2017 (5) ADJ 494
Nikhil Kushwaha
State Of U.P.
2 Others
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
