Court disposed of a writ petition by Ram Krishna seeking appointment as Constable. Rejection was upheld as non-arbitrary due to invalid OBC certificate date and marks below unreserved cutoff, with caveat for future cut-off reductions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- WRIT - A No. - 5517 of 2020
Petitioner :- Ram Krishna Respondent :- State of U.P. and Another Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has applied for appointment to the post of Constable pursuant to the recruitment initiated vide Government Order dated 29.12.2015. In the final result declared the petitioner has not been selected as his marks are shown to be below the cutoff in the respective category. As per annexure no.4 the total marks secured by petitioner is 399.8 whereas the cut-off for unreserved category candidate is 403.6 marks. According to petitioner he belongs to OBC category but the benefit of OBC category has been denied to him. This petition consequently has been filed with the allegation that large number of vacancies still exists against which petitioners claim can also be considered.
Petition is opposed by learned Additional Chief Standing counsel.
Perusal of the record would go to show that petitioner has not been treated as a candidate belonging to OBC category since his OBC certificate has not been issued as per the requirement made in the advertisement inasmuch as the certificate issued to petitioner is dated 28.7.2012 which is not as per the advertisement. Law in that regard has already been settled by a Full bench of this Court in the case of Gaurav Sharma Vs. State of U.P. and others reported in (FB) 2017 (5) ADJ 494. Petitioner admittedly has otherwise not secured marks above the cut-off in the unreserved category. In such circumstances denial of appointment to petitioner cannot be said to be arbitrary. However, in case the authorities at any subsequent point of time proceed to reduce the cut-off marks, and the petitioner's claim is covered therein, then his candidature shall be dealt with as per law.
Subject to the observation aforesaid this petition is consigned to records.
Order Date :- 5.8.2020 Abhishek Singh
2 issues framed by the court
Whether a petitioner denied appointment due to OBC certificate issuance date and marks below unreserved cutoff is acted arbitrarily.
Whether pending vacancies can be considered for re-evaluation of a candidate whose marks are below the current cutoff.
Colour shows how this judgement treated each authority
Gaurav Sharma Vs. State of U.P. and othersReferred¶7
(FB) 2017 (5) ADJ 494
Ram Krishna
State of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
