Allahabad High Court
Dharmendra vs State Of U.P. And Another on 28 November, 2022
Bench: Vikram D. Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 2242 of 2019
Petitioner :- Dharmendra
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Hira Lal Yadav,Sunil Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Vikram D. Chauhan,J.
The present writ petition has been filed with the following prayer:
"(a) Issue a writ, order or direction in the nature of mandamus directing the respondents to declare the petitioner as selected candidate and direct to appoint at the post of male police constable/Constable PAC under Scheduled Caste category, as the petitioner has obtained total 383.33 marks which is much more than Scheduled Caste category cut off marks 380.3 for the post of Male Police constable and 377.07 for the post of constable PAC fixed by the respondents."
It is submitted by learned counsel for the petitioner that the petitioner had applied for the post of Male Police Constable/Constable PAC under the scheduled caste category. It is submitted that he had obtained marks above the cut off marks provided by the respondent. It is submitted that petitioner was not granted appointment on the post in question.
Learned Standing Counsel submits that appointment could not be granted to the petitioner as the caste certificate submitted by petitioner was different from the caste certificate produced before the Scrutiny Committee and as such, claim was rejected.
Learned Standing Counsel however does not dispute the fact that the caste certificate was submitted before the Scrutiny Certificate and it is not in dispute between the parties that petitioner belongs to Scheduled Caste category.
Learned counsel for the petitioner submits that the present controversy has already been decided by this Court vide order dated 9.7.2019 passed in Writ-A No.6297 of 2019 (Jitendra Kumar Vs. State of U.P. and another), in which a direction was issued to the respondent authority to treat petitioner's claim for appointment as a scheduled caste category candidate and appointment be issued in case petitioner has scored the marks above the cut off marks.
Learned Standing Counsel does not dispute the law laid down in the aforesaid case and submits that the present controversy is squarely covered by the judgment of Jitendra Kumar (supra).
Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is to be seen that once a caste certificate of the petitioner is not in dispute and the petitioner belongs to scheduled caste category then merely because petitioner has produced a different caste certificate before the scrutiny committee, could not be a ground for discarding the claim of the petitioner.
In view of law laid down by this Court in Jitendra Kumar (supra), the present writ petition is allowed. The authority concerned is directed to treat petitioner's claim for appointment as a scheduled caste category candidate and in case he is found to have scored the marks above the cut off, his candidature would be processed further in accordance with law within a period of three months. The verification of caste certificate would otherwise remain open for the respondents.
Order Date :- 28.11.2022
D. Tamang
