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Ajay Kumar Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Subordinate Service Selection Commission Lko. and 2 Others

Allahabad HC4 Oct 2024SPLA/254/2024

Case brief

AI extract

What is this about?

Special appeal challenging ineligibility for Assistant Coach (fencing) post. Court pivoted a writ petition regarding delay to seek clarification from the State Government on eligibility conditions. Connected open issues on participation in national tournaments.

What did the court decide?

Directed State Government to take a decision on recruitment eligibility pursuant to the advertisement dated 21.09.2016 and clarify the interpretation of condition No.'3'.

Ajay Kumar Singh and 2 Others vs State of U.P… — Service and Employment | Allahabad HC (2024)

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Court No. - 2

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Case :- SPECIAL APPEAL No. - 254 of 2024

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Appellant :- Ajay Kumar Singh And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Subordinate Service Selection Commission Lko. And 2 Others Counsel for Appellant :- Sharad Pathak Counsel for Respondent :- C.S.C.,Gaurav Mehrotra

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Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.

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The contention of the appellants' counsel is that appellants had applied for the post of Assistant Coach (fencing) in pursuance to the advertisement dated 21.09.2016, as according to them, they fulfilled the requisite eligibility condition mentioned therein including condition no.'3' mentioned at item no.8(XIII) in the earlier year when similar qualifications were prescribed in the advertisement issued, they were called for selection but they had not succeeded, therefore, considering the fact that selection in pursuance to the advertisement of 21.09.2016 were being held in 2024 and the appellants were not called for participation on the ground that they did not fulfill the aforesaid eligibility condition no.'3', they challenged the same before the writ Court, therefore, there was no question of delay as they came to know about their alleged ineligibility on 27.08.2024 and immediately they filed the petition. He further says that there were only four candidates who had applied, out of which, one died and the remaining three are before this Court, therefore, the post in question still vacant.

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As the recruitment is to a post under the State Government, let a decision be taken in this regard by the State Government or the Director of Sports, as the case may be, positively before the next date and the same should be placed before the Court.

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Keeping the issue of delay open for consideration, we would

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like to know as to whether condition No.'3' at point A (XIII) would not stand satisfied in the event where the candidates have participated in a higher tournament i.e. national level games, though he may not have participated in an inter-university competition.

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Let the State Government clarify us stand and place it on record of this Court.

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All actions taken in the meantime shall abide by further orders.

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List on 25.10.2024 .

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[Om Prakash Shukla, J.] [Rajan Roy, J.]

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Order Date :- 4.10.2024 Shubhankar

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Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

Ajay Kumar Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Subordinate Service Selection Commission Lko. and 2 Others

Case brief

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Ajay Kumar Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Subordinate Service Selection Commission Lko. and 2 Others

Case brief

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What did the court decide?

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