Sandeep Kumar Srivastava Vs State of U.P. Thru. Prin. Secy. Deptt. Medical Health and Family Welfare ,Lucknow and 5 Others

Neutral Citation No. - 2025:AHC-LKO:42215

Court No. - 18

Case :- WRIT - A No. - 6882 of 2025 Petitioner :- Sandeep Kumar Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Medical Health And Family Welfare ,Lucknow And 5 Others Counsel for Petitioner :- Dinesh Chandra Tewari Counsel for Respondent :- C.S.C.,Brijesh Kumar Singh,Utsav Mishra

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite parties no.1, 3 & 6 and Mr. Utsav Mishra, learned counsel for opposite parties no.2 & 5. No one has put in appearance on behalf of opposite party no.4.

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1A. Supplementary affidavit filed today is taken on record.

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Petition has been filed seeking a direction to appropriate authority to consider petitioner's EWS Certificate for the reserved post under the EWS Category for recruitment on the post of Pharmacist in terms of the Combined Technical Services (General Recruitment) 2016.

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It is submitted that although initially in the advertisement, there were no post reserved for the EWS category but subsequently due to introduction of the aforesaid category in the year 2020, a notification was issued dated 30.03.2021 whereby the advertisement of 2016 was amended to incorporate an EWS Category. It is submitted that despite the fact that petitioner submitted his certificate for grant of such benefit during the document verification process, such benefit has not been accorded to him although he has cleared the written examination process.

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Learned counsel for opposite parties no.2 & 5 on the basis of instruction however submits that as per the notification dated 30.03.2021 as well as 22.10.2021 issued by the Commission, a window of one month was granted to all such applicants who had applied in terms of recruitment for the year 2016 to apply and upload their documents seeking such benefit. It is submitted that cut of date for seeking such benefit was 22.11.2021, till which time petitioner did not apply under the

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aforesaid provision. It is submitted that even during the document verification process held on 26.03.2024, the applicant has refused any benefit any reserved category.

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Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that as per the notification dated 11.03.2024, brought on record as Annexure No.A1 to the supplementary affidavit, reference has been made to the earlier notification dated 30.03.2021 indicating amendment in the advertisement for recruitment for the year 2016 to incorporate an EWS category. The cut of date for applications under the aforesaid category is also indicated as 22.11.2021.

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Admittedly, petitioner failed to apply under the said category within the cut of period. Learned counsel for petitioner has submitted that he was unable to apply since he did have any information with regard to aforesaid aspect.

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Nonetheless, once it is admitted by petitioner that he failed to apply before the cut of date in terms of the notifications dated 30.03.2021 and 22.10.2021, in the considered opinion of this Court, the subsequent submission of any document seeking EWS category reservation at the document verification stage would be immaterial.

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It is also relevant that learned counsel for opposite parties no.2 & 5 has indicated the application form for document verification dated 26.03.2024, a copy of which is taken on record and as per which in Clause 8(A), petitioner has clearly ticked the option that he did not wish any reservation under any category.

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In view of discussion made herein above, this Court does not find any occasion to grant indulgence to petitioner. The petition accordingly fails and is dismissed at the admission stage itself . Parties to bear their own costs.

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Order Date : - 23.7.2025 Subodh/-

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

Sandeep Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. Medical Health and Family Welfare ,Lucknow and 5 Others

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Sandeep Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. Medical Health and Family Welfare ,Lucknow and 5 Others

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