Petitioner seeking mandamus to lower cutoff marks for OBC category post of Police Constable against resultant vacancies. Court held petition misconceived and dismissed, reiterating that resultant vacancies must be filled in next selection without lowering merit.
Petition dismissed; prayer to lower cutoff marks denied.
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Court No. - 36
Case :- WRIT - A No. - 1334 of 2021
Petitioner :- Ankit Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Srivastava,Shodan Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner herein seeks writ of mandamus commanding the respondents to consider his candidature on the post of Police Constable and Constable PAC by lowering down the cutoff marks in O.B.C category, against the vacancy which occurred on account of non-availability or non-joining of OBC candidates in the selection which was held pursuant to the advertisement dated 29.12.2015 issued by the U.P Police Recruitment and Promotion Board, Lucknow.
Placing Rule 15 of the U.P. Civil Police and PAC Service Rules 2015 which governs recruitment process to the said posts, it is argued that the Rule 15 provides for carrying forward the resultant vacancies to be filled in the next selection process. There is no justification of sticking to the cut-off merit when the recruitment board did not find suitable candidates for filling up the quota. The merit was, therefore, required to be lowered to select the remaining candidates, who were otherwise eligible.
There is no challenge to the provision of Rule 15. Evenotherwise, it is noteworthy that the result of the recruitment examination held pursuant to the advertisement dated 29.12.2015 was declared in the year 2018. Thereafter, two recruitment processes were conducted by the Selection Board in the year 2018. This means that the resultant vacancies of the recruitment conducted pursuant to the advertisement dated 29.12.2015 were notified in the subsequent recruitment process in the year 2018 and filled.
The prayer in the present writ petition filed in the month of January, 2021 after a period of two years of conclusion of the selection process is found wholly misconceived.
Even otherwise, it is well settled that once the recruitment process is over, the resultant vacancies occurred on account of non availability or non joining of the candidates can only be filled in the next selection process and the cutoff of merit cannot be lowered. There is no provision of preparation of waiting list.
For the aforesaid facts, the writ petition is dismissed.
Order Date :- 5.2.2021/Harshita
2 issues framed by the court
Whether the cutoff marks can be lowered in subsequent selection processes to fill resultant vacancies not filled due to non-joining of OBC candidates.
Whether the prayer in the writ petition is timed appropriately given the lapse of time since the conclusion of the selection process.
Ankit Yadav
State Of U.P.
3 Others
Sunita Agarwal
As recorded by the court registry
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