Km. Pratibha And 14 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 22334 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 15737 of 2021
 

 
Petitioner :- Km. Pratibha And 14 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Harishchandra Dubey,Ashish Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

The petitioners had appeared for recruitment as a Constable in the U.P. Police in the year 2018. In the category of Other Backward Class Female, the petitioners had obtained more than 160 marks whereas the cut-off marks in the general category female was much lesser. The contention of learned counsel for the petitioners is that the petitioners' case is covered by the judgment of the Supreme Court in Saurabh Yadav & Ors. vs. State of U.P. & Ors. reported in 2021 (1) ESC 206 (SC). Learned counsel for the petitioners has also relied upon a judgment of this Court in Writ-A No.2532 of 2021 (Rajesh Kumar Thakur vs. State of U.P. & Ors.) decided on 7.10.2021 and other judgments of co-ordinate Benches.

Learned Standing Counsel has, however, submitted that final results have been declared and, therefore, the consideration cannot now be made at this late stage.

Be that as it may, the petitioner definitely deserves to get the benefit as was given to the petitioners in the case of Saurabh Yadav (supra). It is, therefore, directed that the petitionerss case be considered in the light of the judgment of the Supreme Court in the case of Saurabh Yadav (supra). The said exercise shall be completed within a period of one month from the date the petitioners approach the respondent no.3 along with a certified copy of this order.

With these observations, the writ petition stands allowed.

Order Date :- 21.12.2022

Shafique