Ram Pratap vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 12158 ALL

Citation : 2023 Latest Caselaw 12158 ALL
Judgement Date : 20 April, 2023

Allahabad High Court

Ram Pratap vs State Of U.P. Thru. Prin. Secy. ... on 20 April, 2023

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 2943 of 2023
 

 
Petitioner :- Ram Pratap
 
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education, Lko. And Another
 
Counsel for Petitioner :- Ram Dheeraj
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner.

Present petition has been filed by the petitioner stating that while answering Question No.16 in the Assistant Teacher Recruitment Examination, 2019, the petitioner was wrongly awarded the marks. He places reliance on the judgment of the Division Bench in the case of Abhishek Srivastava and 14 Ors. v. State of U.P. & 2 Ors.; Special Appeal Defective No.343 of 2021 decided on 25.08.2021 to argue that the benefit in respect of the same question was extended to the petitioners who had approached the Allahabad High Court and thus, the said benefit should be extended to the petitioner petitioners also.

He places reliance on the judgment in the case of Rishabh Mishra and Ors v. State of U.P. & Ors.; Writ Petition No.8056 (SS) of 2020 decided on 20.12.2021 to support his argument. However, in the said judgment, the Court had held that the persons whose petitions were pending would be entitled to the benefits of the judgment in case of Abhishek Srivastava (supra), however, the petitioners who were fence sitter and had approached after the judgment was delivered in the case of Abhishek Srivastava (supra) would not be entitled to the said benefit.

Considering the fact that the present petitioner has filed the writ petition after about three years and was a fence sitter and is now trying to take the benefit of the judgment in the case of Abhishek Srivastava (supra), thus, taking into consideration the decision in the case of Rishabh Mishra (supra), no relief can be extended to the petitioner as claimed.

The writ petition lacks merit and is accordingly dismissed.

Order Date :- 20.4.2023

nishant