Sandeep Kumar vs State Of U.P Thru. Its Prin. Secy. ...
2022 Latest Caselaw 1535 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 1984 of 2022
 

 
Petitioner :- Sandeep Kumar
 
Respondent :- State Of U.P Thru. Its Prin. Secy. Basic Education Govt. Of U.P And 4 Others
 
Counsel for Petitioner :- Manuvendra Singh,Anand Mani Tripathi
 
Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Shobhit Mohan Shukla
 

 
Hon'ble Rajan Roy,J.

Heard.

The issue involved in this writ petition has already been settled by a recent Division Bench judgment dated 19.04.2022 rendered in Special Appeal No. 153 of 2022; Secretary Basic Education Board and Anr. Vs. Pratibha Mishra and Ors. In this case also grace marks were given to the petitioner and adding the same to her actual marks he mentioned it in the Application Form. The Division Bench has disapproved mentioning of such marks including the grace marks. The Division Bench has opined that the actual marks obtained alone had to be mentioned in the application from and thereafter with reference to the decision of Hon'ble the Supreme Court in the case of Rahul Kumar Vs. State of U.P. and Ors.; Writ Petition (Civil) No. 378 of 2021 has set-aside the order of the learned Single Judge of this Court.

In view of the aforesaid decision, this writ petition can not succeed. It accordingly fails.

The learned counsel for petitioner wanted to argue the matter on the point of bonafide error and and also as to whether actually in such circumstances the candidate has put himself deliberately or otherwise in an advantageous position, however, the Court finds that its hands are tied in view of the Division Bench judgment, therefore, in view of this, the writ petition is dismissed.

(Rajan Roy,J.)

Order Date :- 26.4.2022

R.K.P.