Petitioner challenged non-selection despite scoring above OBC cut-off. Court permitted withdrawal with liberty to file afresh to challenge normalization process.
Petitioner permitted to withdraw writ petition with liberty to file afresh challenging normalization process.
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Court No. - 40
Case :- WRIT - A No. - 7188 of 2020
Petitioner :- Rama Shankar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Grievance of the petitioner is that though he has scored marks above the cut off in the OBC category, yet he has not been selected.
Learned Standing Counsel has obtained instructions, according to which petitioner's score after normalization of marks is 171.42940 in the OBC Male Category, whereas the cut off marks in that category is 172.3272. Copy of the instructions in this regard has been furnished to the counsel for the petitioner.
Learned counsel for the petitioner submits that he may be permitted to withdraw the writ petition with liberty to file afresh, challenging the normalization process as the petitioner apparently has not been made aware of facts in that regard.
Be that as it may, in the facts and circumstances, it would be appropriate to permit the petitioner to withdraw the writ petition with liberty to file afresh, in case petitioner can demonstrate any illegality in the normalization process adopted by the respondents.
With the aforesaid observations, this writ petition is consigned to records.
Order Date :- 16.9.2020 Anil
1 issue framed by the court
Whether the petitioner should be permitted to withdraw the writ petition with liberty to file afresh challenging the normalization process.
Rama Shankar
State Of U.P.
2 Others
Ashwani Kumar Mishra
As recorded by the court registry
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