Durgesh Kumar Singh vs State Of U.P. And 3 Others
2022 Latest Caselaw 3172 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Chief Justice's Court Serial No. 10         HIGH COURT OF JUDICATURE AT ALLAHABAD ***    SPECIAL APPEAL No. - 270 of 2022 (Arising out of Writ-A No. 15485 of 2021)             Durgesh Kumar Singh   .....Appellant       Through :-   Mr. Nand Lal Yadav, Advocate         v/s      State of U.P. and others   .....Respondents       Through :-   Mr. Ankit Gaur, State Law Officer for respondents no. 1 and 4, Mrs. Archana Singh, Advocate for respondent no. 2, Mr. Raghvendra Pratap Singh, Advocate for respondent no. 3          CORAM :  HON'BLE RAJESH BINDAL, CHIEF JUSTICE     HON'BLE J.J. MUNIR, JUDGE        ORDER     1.        Order dated November  16, 2021 passed by the learned Single Judge has been impugned by filing present intra-Court appeal. 2.       It is a case in which while applying for the post of Assistant Teacher in Primary School, the appellant had filled 405 marks obtained by him in B.Ed. Examination whereas actual marks obtained by him was 268, as a result of which he was at advantageous position and his name was mentioned in select-list. However, on verification of his certificates, it was found that the form filled by the appellant was not correct, hence his candidature was required to be rejected.  3.        As submitted by learned counsel for the State, the issue raised in the present appeal is squarely covered by a Division Bench Judgement of this Court in Special Appeal Defective No. 302 of 2020 (Ashutosh Kumar Srivastava and others Vs. State of U.P. and others) wherein relying upon the judgments of Hon'ble the Supreme Court in Writ Petition (Civil) No. 322 of 2021 (Jyoti Yadav and another Vs.  The State of Uttar Pradesh and others), decided on April 8, 2021 and in Writ Petition (Civil) No. 378 of 2021 (Rahul Kumar Vs. State of Uttar Pradesh and others) decided on June 29, 2021,  it was opined that in case, a candidate is at advantageous position on account of filling wrong marks in the application form, his candidature is to be rejected, whereas, in case, he is at disadvantageous position, his candidature may be considered, however, with no change in the merit position.    4.       For the reasons stated in the aforesaid order, we do not find any merit in the present appeal. The same is, accordingly, dismissed.       (J.J. Munir, J.)       (Rajesh Bindal, C.J.)     Allahabad 17.05.2022 P.Sri./Manish Himwan    Whether the order is speaking : Yes   Whether the order is reportable : Yes/No