Rajeev Kumar vs State Of U.P. And 2 Others
2022 Latest Caselaw 14771 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 14873 of 2022
 

 
Petitioner :- Rajeev Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Yogesh Kumar Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned standing counsel for the respondents.

Learned standing counsel pointed out that first of all, petitioner was given opportunity to appear in the process of selection on compassionate ground but due to physical deficiency, he was declared unsuccessful vide order dated 31.05.2022, which is not under challenge. He further pointed out that in paragraphs 10 and 13 in important instruction for candidates mentioned in Admit Card, it is clearly stated that for any reason, once petitioner found unsuccessful in physical test, he shall not be given opportunity of appeal. He also pointed out that father of petitioner died in the year 2010 and in light of judgments of Apex Court in the cases of Punjab State Power Corporation Limited and others vs. Nirval Singh (2019) 6 SCC 774, State of J.K. and others vs. Sajad Ahmed Mir (2006) 5 SCC 766 and Steel Authority of India Vs. Gouri Devi passed in Civil Appeal No. 6910 of 2021, he cannot be given appointment on compassionate ground at this belated stage i.e. in the year 2022.

Learned counsel for the petitioner could not dispute the facts so argued by learned standing counsel.

I have considered the rival submissions advanced by the learned counsel for the parties and perused the record. Undisputedly, petitioner is claiming appointment under Dying in Harness Rules after 12 years from the date of death of his father, which cannot be accepted. Therefore, in light of judgments relied upon learned standing counsel, no positive order can be issued for appointment of petitioner on compassionate ground.

Under such facts and circumstances, petition lacks merit and is dismissed. No order as to costs.

Order Date :- 20.10.2022

Arvind