Ved Pal vs State Of U.P. And 3 Others
2021 Latest Caselaw 7386 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 364 of 2021
 

 
Appellant :- Ved Pal
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Subhash Chandra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Piyush Agrawal,J.

By this appeal, a challenge is made to the judgment dated 18.03.2021 passed by learned Single Judge whereby the writ petition preferred by the petitioner was dismissed.

The writ petition was filed to seek a direction for appointment of the petitioner on the post of Constable Civil Police/Constable PAC pursuant to Direct Recruitment, 2018. The petitioner has secured 84.78430 marks but was not given appointment despite cut-off marks published by the respondents to be 76.0971 marks. The writ petition was still dismissed holding that for dependent of Freedom Fighter OBC category, cut-off was 90.6038.

Learned counsel for the appellant has made reference of the document procured by him under Right to Information Act, 2005 as well as cut-off published by the respondents on 02.03.2020. In both the documents, cut-off of dependent of Freedom Fighter OBC category has been shown to be 76.0971. The prayer is, accordingly, to allow the appeal.

The writ petition of the petitioner was dismissed holding cut-off of dependent of Freedom Fighter OBC category to be 90.6038 whereas document on record shows it to be 76.0971. Learned Chief Standing Counsel was thus, directed to call for the original record to show the cut-off of marks of the category to which the petitioner belongs. The record has been shown where the cut-off of dependent of Freedom Fighter OBC category is shown to be 90.6038. In fact, while issuing the notification on 02.03.2020, cut-off of 76.0971 was wrongly shown by taking it from the category of the post of Home Guard. The aforesaid was clarified while submitting written instruction on 29.06.2021 before this Court. A formal order to correct the mistake has now been issued on 06.07.2021. In view of the above, we cannot rely on the document produced by the petitioner after rectification of mistake to show cut-off marks to be 90.6038 for dependent of Freedom Fighter OBC category.

This Court asked learned Chief Standing Counsel as to whether any candidate obtained less than 90.6038 marks in the category of dependent of Freedom Fighter OBC has been given appointment. In presence of Office In-charge, it is stated that no candidate has been given appointment to the post in question who has secured marks less than the cut-off in the category of dependent of Freedom Fighter OBC. This clarifies that even the respondents have taken cut-off of 90.6038 for the category to which the petitioner belongs and, accordingly, gave appointment.

In view of the clarification, we do not find any ground to cause interference in the judgment of learned Single Judge.

The appeal fails and is, accordingly, dismissed.

Cost of Rs. 3000/- imposed earlier by this Court, however, be deposited by the defaulting Officer within a month with compliance report to Registrar (Listing) of this Court.

Order Date :- 9.7.2021

Shubham

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(Piyush Agrawal, J.) (Munishwar Nath Bhandari, A.C.J.)