Dismissed¶9

Shyam Narayan Mishra v. State of U.P. Thru. Prin. Secy. Medical Health Services Lko and Another

Allahabad HC14 Aug 2024/6496/2024

Case brief

AI extract

What is this about?

Neutral citation 2024:AHC-LKO:56298; Allahabad High Court Lucknow Bench; WRIT - A No. 6496 of 2024; Shyam Narayan Mishra v. State of U.P. and another; U.P. Sub-ordinate Commission, Lucknow; recruitment to post of X-ray technician; notification no. 52 dated 25.07.2024; cut-off fixed at 69.67%; certiorari and mandamus sought; candidates' revised diploma percentages 71.5, 72.67, 71.83, 70.33; no prejudice found; writ petition dismissed on 14.8.2024.

What did the court decide?

On the instructions of opposite party no. 2 shown to the Court on the first date of admission, the Court found that no prejudice had been caused to the petitioner by the impugned notification/cut-off determination. ¶8

Shyam Narayan Mishra Vs State of U.P. Thru. Prin. Secy. Medical Health Services Lko and Another — Allahabad HC (2024) — LawSathi Research

¶1

Neutral Citation No. - 2024:AHC-LKO:56298

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Court No. - 4

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Case :- WRIT - A No. - 6496 of 2024

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Petitioner :- Shyam Narayan Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health Services Lko And Another Counsel for Petitioner :- Vijay Prakash Tripathi,Ashutosh Pathak

¶5

Counsel for Respondent :- C.S.C.,Gaurav Mehrotra

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Shri Ashutosh Pathak, learned counsel for the petitioner and Shri Utsav Mishra, Advocate who has filed vakalatnama on behalf of the opposite party no.2, the same is taken on record.

¶8

Shri Tripathi has filed the supplementary affidavit, same is taken on record.

¶9

Shri Mishra has also filed the written instructions dated 14.8.2024, same are taken on record and one copy thereof has been provided to the learned counsel for the petitioner.

¶10

By means of this petition, the petitioner has prayed for following reliefs:

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"a. Issue any writ or direction in the nature of certiorari to quash the impugned notification no-52 dated 25.07.2024, issued by Opposite Part No-2/U.P. Sub-ordinate Commission, Lucknow, contained as Annexure No-1 with this petition.

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b. Issue any writ or order or direction in the nature of mandamus commanding the Opposite Party No-2 to to allow the petitioner in interview, which is scheduled by the Opposite Part No-2 for the post of X- ray technician, in the interest of justice."

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The contention of the counsel for the petitioner is that the Commission is calling for interview to those candidates who have obtained less than 69.67%, marks and their name has been indicated in the supplementary affidavit as Gulab Chandra, Shakti Yadav, Amit Kumar Dubey and Dinesh Mani saying that those candidates are having percentage as 68.67, 68.67, 67.67 and 67.00 respectively, whereas the cut-off marks has been fixed as 69.67%.

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However, Shri Mishra has stated on the basis of the instructions that those candidates, as per revised X-ray

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Technician Diploma percentage as per the documents submitted, are having 71.5, 72.67, 71.83 and 70.33 % respectively.

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Shri Mishra has also submitted on the basis of the instructions that the Commission would be calling upon only those candidates who are covered under the impugned Notification dated 25.07.2024 and no candidate would be called who is having less percentage than the percentage so determined vide impugned Notification dated 25.7.2024.

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Having heard learned counsel for the parties and having perused the material available on record, challenging the impugned Notification dated 25.07.2024, the petitioner has filed this petition on 08.07.2024 and on the first date of admission, the instructions are shown to the Court and on the basis of the aforesaid instructions, it appears that no prejudice has been caused to the petitioner.

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Accordingly, the writ petition is dismissed.

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Order Date :- 14.8.2024 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shyam Narayan Mishra v. State of U.P. Thru. Prin. Secy. Medical Health Services Lko and Another

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Shyam Narayan Mishra v. State of U.P. Thru. Prin. Secy. Medical Health Services Lko and Another

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