Kapil vs State Of U.P. And 2 Others
2022 Latest Caselaw 1235 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 19236 of 2021
 
Petitioner :- Kapil
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Arvind Prabodh Dubey,Naushad Alam
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Petitioner is seeking following reliefs :-

"Issue a writ order or direct the respondents to declare the petitioner as a successful candidate and issue appointment letter in his favour on the post of Constable in Civil Police."

Heard learned counsel for the parties and perused the record.

Learned counsel for petitioner submits that petitioner has got 68 marks in the OBC category ex-serviceman whereas last cut off marks in open category ex-serviceman is 61.50. Therefore, petitioner is entitled for the selection on the post of Constable PAC being treated in the open category of ex-serviceman. He further submits that case of petitioner is covered by the judgment passed by the Apex Court in the case of Saurav Yadav and others vs. State of U.P. and Others; 2021 4 SCC 542 as well as judgment passed by a co-ordinate Bench of this Court in Rajesh Kumar Thakur vs. State of U.P. and others in Writ A No.2532 of 2021.

Learned Standing Counsel for State submits that this writ petition can be disposed of in terms of the aforesaid judgments.

In view of above submission and without entering into merit of case, this writ petition is finally disposed of with liberty to petitioner to approach the respondents' authorities to agitate his claim for appointment and the concerned authorities will decide the same considering the judgments Saurav Yadav (Supra) as well as Rajesh Kumar Thakur (Supra), in accordance with law.

Order Date :- 12.4.2022

Rishabh

[Saurabh Shyam Shamshery, J.]