Allahabad High Court
Manoj Kumar Kanaujiya vs State Of U.P. Thru. Addl.Chief ... on 27 July, 2021
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 14215 of 2021
Petitioner :- Manoj Kumar Kanaujiya
Respondent :- State Of U.P. Thru. Addl.Chief Secy. Basic Education & Ors.
Counsel for Petitioner :- Vishal Kumar Upadhyay,Amir Mohsin Rizvi
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the petitioner, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State respondent and counsel for the Secretary, Board of Education, Prayagraj and Sri Ajay Kumar, learned counsel for BSA.
By means of this writ petition, the petitioner has prayed following reliefs:-
(i) to issue a writ, order or direction in the nature of writ of certiorari thereby quashing the order dated 28.3.2021 passed by the opposite party no.5 as contained in Annexure no.1 to the writ petition.
(ii) to issue a writ, order or direction in the nature of writ of certiorari thereby quashing the order dated 5.3.2021 passed by the opposite parties as contained in Annexure no. 10, to the writ petition.
(iii) to issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties to permit/make corrections in the online application of the petitioner.
Sri Ran Vijay Singh has drawn the attention of this Court towards the judgment and order dated 8.4.2021 of the Hon'ble Apex Court in Re:- Jyoti Yadav and another vs. State of U.P. & others Writ Petition (Civil) No. 322 of 2021 whereby the Hon'ble Apex Court has upheld the Government Order dated 5.3.2021 dismissing the petition.
Relevant para nos. 15, 16 and 17 of the aforesaid judgment and order in Re:- Jyoti Yadav (Supra) is produced herein below:-
"15. Having considered all the rival submissions, in our view, the Communication dated 05.03.2021 made a rational distinction and was designed to achieve a purpose of securing fairness while maintaining the integrity of the entire process. If, at every juncture, any mistakes by the candidates were to be addressed and considered at individual level, the entire process of selection may stand delayed and put to prejudice. In order to have definiteness in the matter, certain norms had to be prescribed and prescription of such stipulations cannot be termed to be arbitrary or irrational. Every candidate was put to notice twice over, by the Guidelines and the Advertisement.
"16. Having found the Communication dated 05.03.2021 to be correct, the cases of the petitioners must be held to be governed fully be the rigors of the said Communication.
17. We, therefore, see no reason to interfere in these petitions and no opportunity beyond the confines of the Communication dated 05.03.2021 can be afforded to the petitioners to rectify the mistakes committed by them. We, therefore, reject the submissions and dismiss all these petitions."
Sri Ran Vijay Singh, has also submitted that by filling up wrong information the petitioner has taken undue advantage, therefore, in view of the subsequent judgment of Hon'ble Apex Court dated 26.6.2021 in Re: Rahul Kumar vs. State of Uttar Pradesh & others Writ Petition(s) (Civil) No(s). 378 of 2021, wherein the Hon'ble Apex Court has clarified the position of those candidates whose inadvertent mistakes may be condoned, this writ petition may not be maintainable.
For convenience, para-7 of the aforesaid judgment is being reproduced here-in-below:-
"7. We need not consider individual fact situation as the reading of the G.O. and the Circular as stated above is quite clear that wherever a candidate had put himself in a disadvantaged position as stated above, his candidature shall not be cancelled but will be reckoned with such disadvantage as projected; but if the candidate had projected an advantaged position which was beyond his rightful due or entitled, his candidature will stand cancelled. The rigour of the G.O. and the Circular is clear that wherever undue advantage can enure to the candidate if the discrepancy were to go unnoticed, regardless whether the percentage of advantage was greater or lesser, the candidature of such candidate must stand cancelled. However, wherever the candidate was not claiming any advantage and as a matter of fact, had put himself in a disadvantaged position, his candidature will not stand cancelled but the candidate will have to remain satisfied with what was quoted or projected in the application form."
Sri Ran Vijay Singh has further submitted that by means of this petition, the petitioner has assailed the aforesaid Government Order dated 5.3.2021 and the consequent impugned order dated 28.3.2021, therefore, this writ petition may be dismissed as such relief may not be granted to the petitioner.
In view of above, the writ petition is dismissed.
No order as to cost.
Order Date :- 27.7.2021
Vikas/-
