Allahabad High Court
Sadhna Rai vs State Of U.P. And 2 Others on 13 December, 2022
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - A No. - 15228 of 2022
Petitioner :- Sadhna Rai
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Sushma Devi
Counsel for Respondent :- C.S.C.,Siddharth Singhal
Hon'ble Mrs. Sangeeta Chandra,J.
1. Heard learned counsel for the petitioner and Shri Akhilesh Kumar Maurya, Advocate holding brief of Shri Siddharth Singhal, learned counsel for the respondent no. 3.
2. This petition has been filed seeking the following main prayer:-
"i) Issue a writ, in the nature of certiorari calling the record of the case and quashing the impugned result dated 06.08.2022 declared in pursuance to the advertisement no. 02-Exam/2021 for the post of Health Worker (Women) published by Uttar Pradesh Subordinate Services Selection Commission Lucknow to the extent of petitioner in respect of EWS category, by which selection of the petitioner has not been considered although she has passed main examination and participated in the document verification on the post of Health Worker (Female) and applied for the benefit of EWS category."
3. It is the case of the petitioner that an Advertisement was issued by the respondent no. 3 for Health Worker (Female) giving certain eligibility criteria. The petitioner fulfilled the eligibility criteria and applied for the post of Health Worker (Female). In pursuance of such Advertisement the petitioner was shortlisted and called for preliminary examination in which she qualified and was called for document verification but at the time of document verification on 14.06.2022 at Bappa Shri Narayan Vocational P.G. College (K.K.V.) Station Road Charbagh, Lucknow. The Authority concerned informed her that her EWS Certificate was of an earlier date and therefore, she cannot be granted EWS Reservation which she sought. When the result was published on 06.08.2022, the petitioner's name was not there in the select list. The petitioner was not provided any opportunity after document verification to produce the latest EWS Certificate. The Certificate and her candidature has been cancelled.
4. The counsel for the petitioner has placed reliance upon page no. 44 of the paper book which is an Income Certificate issued by the Tehsildar, Pindra, Varanasi dated 25.02.2021 certifying that she belonged to EWS category for the financial year 2021-2022.
5. It has been submitted by the learned counsel for the petitioner that when she has applied she had valid EWS Certificate dated 25.02.2021 and when the petitioner was called for document verification on 14.06.2022 they considered the EWS Certificate issued to her as invalid. The petitioner produced another EWS Certificate dated 02.05.2022 as well before the respondent which was ignored by them.
6. The learned counsel appearing for the respondent no. 3 has placed reliance upon the judgment of this Court in Writ A No. 12919 of 2022 (Ranjana Rai versus State of U.P. and 2 Ors.) decided on 11.11.2022. The EWS Certificate issued to the writ petitioner therein was dated 08.01.2022 whereas the EWS Ceritifcate should have been issued to the candidate concerned before the last date of submission of application form as mentioned in the Advertisement which was 05.01.2022.
7. This Court had dismissed the writ petition on this ground and a Special Appeal No. 785 of 2022 has also been dismissed by the Division Bench filed against the said judgment.
8. It has been submitted by Shri Akhilesh Kumar Maurya that the petitioner's earlier EWS Certificate was issued on 25.02.2021 for the financial year 2021-2022 and had expired on 31.03.2021 and the last date for submission of application form as per Clause 8.3 of the advertisement was 05.01.2022. The second EWS/Income Certificate produced by the petitioner at the time of document verification was dated 02.05.2022 that was after the last date for submission of application form.
9. This Court finds no good ground to show interference, the writ petition is devoid of merits and is accordingly, dismissed.
Order Date :- 13.12.2022
SY
