Allahabad High Court
Km. Julee vs State Of U.P. And Another on 26 July, 2022
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 338 of 2020
Petitioner :- Km. Julee
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Shiv Raj Singh
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
After arguing for some time, learned counsel for the petitioner submits that the case of the petitioner is squarely covers by the judgment passed a Co-ordinate Bench of this Court in Suraj Pal & 5 Ors. Vs. State of U.P. & 2 Ors (Writ-A No.2198 of 2020). The relevant part of the said judgment is reproduced hereinunder.
"Heard Sri Chetan Prakash, learned counsel for petitioners and learned Standing Counsel for the respondents.
At the very outset, learned Standing Counsel has placed before the Court the judgment of Apex Court in Special Leave to Appeal (C) No. 23223 of 2018, Saurav Yadav and others vs. State of U.P. and others, dated 02.12.2019, according to which the matter relating to Police Recruitment of 2013 has attained finality. An order of co-ordinate Bench of this Court dated 03.02.2020 passed in Writ-A No. 158 of 2020 (Anuj Singh and 6 others vs. State of U.P. and 11 others) has been placed, wherein this Court held as under:
"In compliance of the said directions, the State Government filed another affidavit of compliance and the Supreme Court taking note of the same, passed following order on 2.12.2019 in Special Leave to Appeal No. 23223 of 2018, arising out of the same judgment of this Court dated 16.5.2018 in Writ Petition No. 11729 of 2018: -
"Pursuant to order dated 22.11.2019, affidavit of compliance has been filed on behalf of State of U.P. The affidavit has also given the details of last selected candidates in various categories with other relevant details such as the marks secured by each of those candidates and the categories to which they belong.
In our view, there is full compliance of the directions issued by this Court from time to time and nothing further need be done in the matter.
We, therefore, accept the compliance affidavit and dispose of all these matters. All I.As are disposed of.
Needless to say that candidates who have already been selected and whose names are mentioned in the list appended to the affidavit of compliance shall now be sent for training as and when vacancies are available."
(emphasis supplied)
The Supreme Court after considering the affidavit of compliance and the Select List brought on record before it, along with affidavit of compliance, was fully satisfied that the list now notified, fully complies with the directions issued by it, with further direction to the State to immediately send all candidates shown as selected in the said list for training. Any interference by this Court, with the Select List would interfere with the implementation of the direction issued by the Supreme Court for sending all candidates shown therein for training. Consequently, this Court is of the opinion that the issue now sought to be raised by the petitioners before this Court is no more open to be considered by it.
The petition is consequently dismissed."
In view of above, as the Apex Court considering the affidavit of compliance and select list brought on record, disposed of the matter, as such no interference is required by this Court pertaining to selection of constable for the year 2013.
The writ petition is dismissed in terms of order passed in Writ-A No. 158 of 2020 (Anuj Singh and 6 others vs. State of U.P. and 11 others)."
Considering the submissions advanced by learned counsel for the petitioner, the writ petition is dismissed in terms of the aforesaid judgment.
Order Date :- 26.7.2022
CS/-
