The Uttar Pradesh High Court dismissed a writ petition challenging the exclusion of the petitioner from the OBC category selection for police constable recruitment, noting his marks were lower than those of the last selected candidate.
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Court No. - 36
Case :- WRIT - A No. - 11129 of 2020 Petitioner :- Sooraj Sahani Respondent :- State of U.P. and Another Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Learned Standing Counsel has received instruction in writing, copy of which has been supplied and taken on record.
A perusal thereof indicates that the last selected candidate in O.B.C. category had obtained 396 marks, whereas in the process of document verification, the candidates who had obtained marks upto 394.73 marks in O.B.C. category had been called. The petitioner, on the other hand, had obtained 393.60 marks, which is much lower than the marks obtained by the last selected candidate, in OBC category.
In view of the above, the prayer made in the writ petition to issue a direction to the respondent No.2 to consider the claim of the petitioner for appointment on the post police Constable in civil police and Constable PAC in the Direct Recruitment of 2015 cannot be considered.
The writ petition is, thus, devoid of merit and hence dismissed .
Order Date :- 11.1.2021 Himanshu
2 issues framed by the court
Whether the petitioner qualifies for appointment given his marks are lower than the last selected candidate in OBC category.
Whether the writ petition has merit for directing consideration of the claim for appointment.
Sooraj Sahani
State of U.P.
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
