Dismissed

Sangam Dwivedi and 4 Others v. State of Up and Another

Allahabad HC4 Jul 2024WRIA/9335/2024

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition. The petitioner sought writ of mandamus directing the U.P. Subordinate Services Selection Commission to accept his candidature for Junior Engineer post without qualifying Preliminary Eligibility Test-2023. He claimed he qualified in 2021 but no vacancies were published. The Court held there is no illegality in requiring PET-2023 qualification.

What did the court decide?

The writ petition was dismissed. The petitioner was not permitted to participate in the selection process without appearing in PET-2023.

Sangam Dwivedi and 4 Others vs State of Up… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:111780

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Court No. - 9

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Case :- WRIT - A No. - 9335 of 2024

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Petitioner :- Sangam Dwivedi And 4 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Virendra Singh Patel Counsel for Respondent :- C.S.C.,Siddharth Singhal

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Virendra Sngh Patel, the learned counsel for the petitioners, Sri Girijesh Tripathi, the learned Standing Counsel for opposite party no. 1 and Sri Siddharth Singhal, the learned counsel for opposite party no. 2.

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By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has sought issuance of a writ of mandamus directing the U.P. Subordinate Services Selection Commission to accept the petitioners candidature for the post of junior engineer, without the petitioners having passed the Preliminary Eligibility Test-2023.

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In the advertisement issued by U.P. Subordinate Services Selection Commission, Lucknow bearing Advertisement No. 8- Examination/2024, it is mentioned that only those candidates will be eligible to apply for selection for the post of junior engineer (Civil) main examination, who have qualified in preliminary eligibility test-PET-2023.

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The learned counsel for the petitioners submits that the petitioners have qualified preliminary eligibility test in the year 2021 but no vacancies were published and no selection was held in that year. The petitioners already having qualified PET-2021, they

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may be permitted to participate in the selection process initiated by the aforesaid advertisement, without insistence on the petitioners having appeared in the PET-2023.

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Per contra, Sri Siddharth Singhal, the learned counsel for the U.P. Subordinate Services Selection Commission has submitted that in Ekta Singh & 3 Ors. v. State of U.P. & 3 Ors. , Special Appeal No. 57/2024 decided on 03.04.2024: Neutral Citation: 2024 AHC LKO 27205 DB, a Division Bench of this Court has held that the State Government has taken a decision by issuing a Government Order dated 20.11.2020 that all Group-C posts in the State of U.P. shall be filled through two tier examination. It is in accordance with the aforesaid policy of the State Government, that the Commission has put in this condition in the advertisement and there is no illegality in the said condition being put by the Commission.

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It is also relevant to note that the petitioners have neither sought quashing of the aforesaid condition put in the advertisement in question nor have they challenged validity of the Government Order dated 20.11.2020.

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In view of the aforesaid factual and legal position, there appears to be no illegality in the condition put in the advertisement in question that the candidates must have qualified PET-2023.

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The writ petition lacks merit and the same is dismissed .

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Order Date :- 9.7.2024 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad

Sangam Dwivedi and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Sangam Dwivedi and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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