The High Court dismissed a writ petition alleging discrimination over failure to submit a PGDCA Certificate. The Court held no relief was possible as the selection process had ended, making the factual dispute unadjudicable under Article 226.
Writ petition dismissed; no interim order made.
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Court No. - 6
Case :- WRIT - A No. - 3589 of 2020
Petitioner :- Gaurav Pratap Singh Respondent :- Uttar Pradesh Public Service Commission Counsel for Petitioner :- Anand Bhaskar Srivastava,Shagun K. Saran Counsel for Respondent :- M.N. Singh,F.A.Ansari
Hon'ble Pankaj Bhatia,J.
Heard counsel for the parties and perused the record.
The present writ petition alleges discrimination by the respondent authorities in not permitting the petitioner only on the ground that the petitioner did not produce the PGDCA Certificate, which was required to be submitted along with the application form.
The said fact has been denied by the respondents, who insist that the petitioner did not submit the said certificate along with application form.
The other contention of the counsel for the respondents is that selection in question has already come to an end and 146 vacancies were left to be filled and has been carried forward when the selection takes place next.
In view of the fact that the selection has already come to an end, no relief is possible and further the contention of the petitioner about submission of PGDCA Certificate and specific denial by the respondents, which cannot be adjudicated in
exercise of powers of this Court under Article 226 of the Constitution of India.
The writ petition is, accordingly, dismissed.
Order Date :- 3.8.2021 vinay
1 issue framed by the court
Whether the High Court can adjudicate upon a factual dispute regarding the submission of a certificate when the selection process has concluded.
1 provisions across 1 enactments
Gaurav Pratap Singh
Uttar Pradesh Public Service Commission
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
