The Single Judge dismissed the writ petition filed by a U.P. Police Constable belonging to O.B.C. (Non Creamy Layer) category. She claimed higher marks than the last selected candidates in two result declarations of 2015 and 2016, which the Court rejected noting she obtained lower marks and the results were too old to challenge.
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. - 36
Case :- WRIT - A No. - 11758 of 2020
Petitioner :- Sunita Kumari Respondent :- The State Of U P And 4 Others Counsel for Petitioner :- Smt. Chandra Kala Chaturvedi,Manisha Chaturvedi Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties and perused the record.
The petitioner belongs to O.B.C. (Non Creamy Layer) category and had obtained "259.5738" marks in the Direct Recruitment to the U.P. Police Constable and Equivalent Post, 2013.
The submission of the petitioner that she had obtained higher marks than the last selected candidate and the cut-off marks in her category is "246.3821" is denied by learned Standing Counsel on the basis of written instructions received by him.
A copy whereof is provided to the learned counsel for the petitioner within the course of the day.
It is categorically indicated therein that the last selected candidate in O.B.C. (Non Creamy Layer) category had obtained "274.0417" marks in the result declared on 16.7.2015 and on further declaration of result pursuant to the decision of the Apex Court on 16.11.2016, the last selected candidate in the aforesaid category had obtained "280.4246" marks. Thus, in two results declared by the respondent, the last selected candidates in the petitioner's category had obtained higher marks than that of the petitioner.
Moreover, the results of selection having been declared in the year 2015 & 2016, it is not possible for the Court to accede to the prayer of the petitioner.
For the above, the writ petition is found devoid of merits and hence dismissed .
Order Date :- 12.1.2021 Brijesh
2 issues framed by the court
Whether the petitioner with lower marks than the last selected candidate in her category is entitled to promotion.
Whether the Court can entertain a fresh application given the results were declared years ago.
Sunita Kumari
The State Of U P
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
