Allahabad High Court
Ravi Shanker Shukla & Ors. vs U.P.Public Service Commission ... on 5 July, 2021
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- SERVICE SINGLE No. - 2012 of 2020
Petitioner :- Ravi Shanker Shukla & Ors.
Respondent :- U.P.Public Service Commission Prayagraj & Another
Counsel for Petitioner :- Nutan Thakur,Deepak Kumar
Counsel for Respondent :- C.S.C,Ashok Shukla
Hon'ble Chandra Dhari Singh,J.
The petition has been filed with the following prayers:-
"(a) Kindly issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to kindly direct Respondent No 1, Uttar Pradesh Public Service Commission to suitably amend their current act whereby they have eliminated the candidature of the petitioners through Office Memorandum No 1172/12/E-4/2018-2019 TC-III dated 09/01/2020 (Annexure No 3) and to allow the petitioners to remain part of the ongoing Samiksha Adhikari/Sahayak Samiksha Adhikari etc General Recruitment examination 2017 and Samiksha Adhikari/Sahayak Samiksha Adhikari etc Special (Backlog) Recruitment examination 2017, as per the provisions of law and in accordance with the various conditions/provisions stated in the Advertisement No A-4/E-1/2017 dated 30/12/2017 (Annexure No 1).
(b) Kindly issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to kindly direct the Uttar Pradesh Public Service Commission to consider the petitioners solely on merit on the basis of facts, conditions and grounds stated in the Advertisement No A-4/E-1/2017 dated 30/12/2017 (Annexure No 1) issued for above the Samiksha Adhikari/Sahayak Samiksha Adhikari etc. General Recruitment and Samiksha Adhikari/Sahayak Samiksha Adhikari etc Special (Backlog) Recruitment examination 2017.
(c) Kindly issue a writ in the nature of Mandamus or any other appropriate Writ, order or direction to kindly direct the Uttar Pradesh Public Service Commission to completely refrain from any improper and arbitrary act, in contradiction with or unrelated to the facts, conditions, criteria and plan of action stated/narrated in the above Advertisement dated 30/12/2017 (Annexure No 1).
(d) Kindly issue any other appropriate writ, order or direction that this Hon'ble Court deems fit in the petitioners' interest and in the interest of justice."
At the outset, learned counsel for the petitioners has made an innocuous prayer that petitioners may be given liberty to represent their case before the competent authority and the said authority may be directed to decide the same in the light of the judgment and order dated 26.03.2021 passed by this Court in Writ Petition No.20385 (SS) of 2019 titled 'Aakash Verma & Ors. v. State of U.P. & Ors.' at the earliest.
Without commenting upon the merits of the case, the petitioners are directed to move a fresh detailed representation each alongwith a computer generated self attested copy of this order before respondent no.1/Chairman, Uttar Pradesh Public Service Commission, Prayagraj within one week from today, who shall consider and decide the same in the light of the judgment and order dated 26.03.2021 (supra) and in accordance with law expeditiously, preferably within one month from the date of receipt of the said representation.
The order so passed shall be communicated to the petitioners forthwith.
The Court/Authority/Official concerned shall verify the authenticity of this order from the official website of Allahabad High Court.
With the aforesaid directions, the instant petition is disposed of.
Order Date :- 5.7.2021
nishant/-
