Dismissed

Baljeet v. State of U.P. and Another

Allahabad HC20 Jul 2018WRIA/15223/2018

Case brief

AI extract

What is this about?

Court dismissed writ petition challenging non-selection of petitioner for Constable post in UP Police in OBC category due to submission of an ineligible Central Government OBC certificate instead of a State Government certificate mandated by the recruitment advertisement.

What did the court decide?

Petitioner is not entitled to any benefit; candidature consideration is restricted based on online application disclosure only.

Baljeet Vs State of U.P. and Another — Service and Employment | Allahabad HC (2018)

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Court No. - 58 Case :- WRIT - A No. - 15223 of 2018 Petitioner :- Baljeet Respondent :- State Of U.P. And Another Counsel for Petitioner :- Balram Jee Verma,Prabhakar Dwivedi Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State authorities.

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Petitioner is aggrieved by his non selection for appointment on the post of Constable in U.P. Police in OBC category, pursuant to recruitment exercise initiated in the year 2015.

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Perusal of the record would go to show that the OBC certificate submitted by the petitioner is for the employment in Central Government and not for the State Government. In terms of the advertisement issued, an OBC candidate had to annex OBC certificate issued between 01.04.2015 and 17.02.2016. It is also stated that unless certificate of this period is annexed in prescribed format, the same shall not be taken note of. The Court is apprised that about 22 lacs applicants have applied, and therefore, the authorities have restricted consideration of candidature only on the basis of disclosure made in the online application itself.

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Although learned counsel for the petitioner places reliance upon a judgment of the Apex Court in Ram Kumar Gijoroya Vs. Delhi Subordinate Service Selection Board and another reported 2016(4) SCC 754, but the petitioner would not be entitled to any benefit on the strength thereof inasmuch as the Full Bench of this Court in Gaurav Sharma Vs. State of U.P. and Others reported in (FB) 2017 (5) ADJ 494 has been pleased to examine the judgment of the Apex Court and thereafter hold that the case of Ram Kumar Giroroya (supra) is distinct on the facts and has no applicability in the facts of the present case. The terms of the advertisement are clearly binding. Since the petitioner has failed to produce OBC certificate of the specified period as was mandatorily required in the advertisement, no exception can be taken if petitioner's candidature is considered in unreserved category.

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The writ petition is, accordingly, dismissed.

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Order Date :- 20.7.2018 Ashok Kr.

Baljeet v. State of U.P. and Another

Case brief

What is this about?

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Baljeet v. State of U.P. and Another

Case brief

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