Pradeep Malik And Others vs The State Of U.P. And Others
2011 Latest Caselaw 5609 ALL

Citation : 2011 Latest Caselaw 5609 ALL
Judgement Date : 9 November, 2011

Allahabad High Court

Pradeep Malik And Others vs The State Of U.P. And Others on 9 November, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 61719 of 2011
 

 
Petitioner :- Pradeep Malik And Others
 
Respondent :- The State Of U.P. And Others
 
Petitioner Counsel :- Rajesh Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Case called twice.

No one appears on behalf of the petitioner.

The petitioners applied for the post of Sub-Inspector in pursuance of the advertisement dated 19.05.2011. The last date for filing of the application was 23.06.2011. The minimum educational requirement is graduate. Admittedly, the petitioners have not filed the mark sheet or certificate along with the applications. The mark sheets issued to the petitioners for the graduation is dated 22.07.2011, which is after the last date of filing of the applications.

Learned counsel for the petitioners submitted that the result of graduation has been declared prior to 23.06.2011 and, therefore, on the last date of the applications, they were qualified graduate and, therefore, eligible. He further submitted that they were entitled to submit the mark sheets of the graduation even at the time of physical standard test, in case, if it has not been filed along with the applications.

Learned Standing Counsel states that the legal position is that the petitioners should be graduate on the last date of the filing of the applications and there is nothing on record to show that the petitioners were graduate on the said date.

In the case of Dipitimayee Parida vs. State of Orissa and others, reported in (2009) 1 SCC (L & S) 50, the Apex Court has held that the required qualification should be on the last of filing of the application.

The last date of filing the application was 23rd June, 2011. Admittedly, the petitioners were not graduate on the said date, therefore, the petitioner were not eligible and their applications were not maintainable.

In view of the above, the writ petition fails and is dismissed.

Order Date :- 9.11.2011

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