The High Court dismissed a writ petition challenging the recruitment authority's refusal to permit a petitioner, an OBC-category police constable candidate and freedom fighter's dependent, to appear for a medical examination, holding that his failure to clear the merit cut-off left no scope for grievance. Order date: 16.7.2019.
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Court No. - 38
Case :- WRIT - A No. - 7706 of 2019
Petitioner :- Darshan Singh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Chaurasia Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been field for a direction to be issued upon the respondents to permit the petitioner to participate in medical examination, pursuant to his application made for appointment to the post of Constable in Civil Police and PAC in the recruitment exercise of the year 2018. Petitioner is a candidate belonging to OBC category and is also a dependent of freedom fighter.
Learned Standing Counsel has obtained instructions, according to which last selected candidate in OBC category who is also dependent of freedom fighter has secured 72 marks whereas petitioner has secured 64.15369. It is stated that since petitioner has not secured marks above the cut off in the respective category as such he has not been selected.
In view of the fact that the petitioner has not secured marks above the cut off in his respective category, he can have no grievance.
Writ petition fails and is accordingly dismissed.
Order Date :- 16.7.2019 n.u.
2 issues framed by the court
Whether a medical examination can be directed for a candidate who failed to secure marks above the category cut-off?
Whether the petitioner has any grievance regarding his non-selection due to lower marks?
Darshan Singh Yadav
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
