Dilip Kumar vs The Chairman U.P. Public Service ...
2021 Latest Caselaw 4202 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 55758 of 2015
 

 
Petitioner :- Dilip Kumar
 
Respondent :- The Chairman U.P. Public Service Commission And 3 Others
 
Counsel for Petitioner :- Ghan Shyam Maurya,M.N. Singh
 
Counsel for Respondent :- C.S.C.,Ajay Kumar,M.N. Singh,Nisheeth Yadav
 

 
Hon'ble Ashwani Kumar Mishra,J.

This petition has been filed with the grievance that petitioner has scored marks above the cut-off in his respective category, yet he has not been selected for appointment on the post of U.P Subordinate Agriculture Service Grade III (Technical Assistant Group C). In para 3 of the writ petition it is stated that petitioner has scored 284 marks and belongs to OBC category, yet he has not been selected even when the cut-off for respective category is 265 marks.

In the counter affidavit filed by the respondents it is stated that petitioner in his online application has not claimed benefit of OBC reservation, and therefore, he is not entitled to be placed in OBC category. It is further stated that petitioner has been treated as a general category candidate and has not scored marks above the cut-off in the general category.

So far as the legality of recruitment exercise is concerned the matter has already been settled by the Apex Court in its judgment delivered in the case of Anupal Singh and others vs. State of U.P. and others, (2020) 2 SCC 173. Legality of the recruitment process need not be examined any further by this Court. So far as petitioner's claim in the OBC category is concerned, it is not disputed by petitioner's counsel that petitioner has not initially disclosed his status as OBC candidate in the online application form. Candidates running in thousands and lacs had applied for appointment. The candidature has been examined with reference to the averments made in the online application form. Since the petitioner has not claimed the benefit as OBC candidate, he cannot subsequently turn round and raise a grievance that having scored marks above the cut-off in the OBC category, he has not been selected.

Writ petition lacks merit and is, accordingly, dismissed.

Order Date :- 19.3.2021

Ashok Kr.