Anil Kumar Sharma vs State Of U.P. And Another
2021 Latest Caselaw 8007 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 7467 of 2021
 

 
Petitioner :- Anil Kumar Sharma
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Ashutosh Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saral Srivastava,J.

Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State-authorities.

By means of the present writ petition the petitioner has assailed the order dated 21.12.2020 passed by respondent no.2-Secretry, Examination Regulatory Authority, U.P.Allenganj, Prayagraj rejecting the candidature of the petitioner on the ground that the petitioner in the OMR Sheet in Language II Column providing two circles:"English, Urdu and Sanskarit did not blacken any of the circle and, therefore,as he failed to fill in the form correctly, his candidature was cancelled.

The petitioner approached this Court by filing a writ petition being Writ A No. 4047 of 2020 (Anil Kumr Srivastava Vs. State of U.P. and others) whereby this Court directed the concerned authority to decide the representation of the petitioner. The representation of the petitioner has been decided vide order dated 21.12.2020.

Learned counsel for the petitioner contended that it was inadvertent error that the petitioner could not blacken the circle 'A' Language II Column and, therefore, such an inadvertent error can be ignored by the authorities.

Learned Standing Counsel has placed the impugned order to contend that the impugned order has correctly been passed as it is based upon the judgment of this Court in Special Appeal No. 90 of 2018 (Jai Karan Singh and others Vs. State of U.P.and others). Thus, he submits that this Court should refrain from exercising extraordinary jurisdiction under Article 226 of the Constitution of India in the instant case.

Be that as it may, it is not in dispute that the petitioner did not blacken the Language II Column; the authority while passing the order has placed reliance upon a judgment of this Court in Special Appeal No. 90 of 2018 (Jai Karan Singh and others Vs. State of U.P. and others), which squarely covers the controversy in hand.

Learned counsel for the petitioner also could not point out from the impugned order that the authority has wrongly placed reliance upon the judgment of this Court in Special Appeal No. 90 of 2018.

Since the controversy is squarely covered by the judgment of this Court in Special Appeal No. 90 of 1982, therefore, this Court does not find any error in the impugned order.

Accordingly, the writ petition fails and it is, accordingly, dismissed.

Order Date :- 15.7.2021

SKM