Abhishek Gond vs State Of U.P. And 2 Others
2022 Latest Caselaw 1839 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 6533 of 2022
 
Petitioner :- Abhishek Gond
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rajnish Kumar Rai,Vijay Kumar Rai
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Petitioner is seeking following relief :-

"i) issue a writ, order or direction in the nature of mandamus commanding the respondent No.3 to consider the candidature of petitioner under Scheduled Tribes (ST) category as per caste certificate No.671175000328 for next level of examination to the post of Sub Inspector Civil Police/PAC against notification dated 24.2.2021.

ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No.3 to consider and decide the representation dated 18.4.2022 send by the petitioner through registered post expeditiously; otherwise the petitioner will suffer irreparable loss and injury."

Shri Rajnish Kumar Rai, learned counsel for petitioner submits that by mistake, the category of petitioner was entered as Scheduled Castes in place of Scheduled Tribes and petitioner has submitted a Certificate that he belongs to Scheduled Tribes. In this regard, he has filed a representation before the Review Board.

Shri Vikram Bahadur Yadav, learned Standing Counsel submits that this writ petition is filed belatedly as presently, result has already been declared and it is at the stage of document verification. He has also relied upon certain judgments which are against the petitioner in regard to timeline of a recruitment process.

Considering the submission of learned counsel for petitioner that it may be a mistake in filing of column form 'Caste' and, therefore, without entering into merit of case, this writ petition stands disposed of with liberty to petitioner to pursue his case before the U.P. Police Recruitment and Promotion Board, Lucknow, which may be considered, in accordance with law. The Board may also take note of the judgment passed by the Supreme Court in State of Uttar Pradesh and others vs. Pankaj Kumar; (2022) 1 SCC 335.

Order Date :- 29.4.2022

Rishabh

[Saurabh Shyam Shamshery, J.]