Allahabad High Court
Nisha vs State Of U.P. And Another on 13 March, 2023
Bench: Sunita Agarwal, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- SPECIAL APPEAL No. - 7 of 2023
Appellant :- Nisha
Respondent :- State of U.P. and Another
Counsel for Appellant :- Dhruva Dixit,Subhash Chandra
Counsel for Respondent :- C.S.C.,Kushmondeya Shahi
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Vikas Budhwar,J.
Heard learned counsel for the appellant and learned Standing Counsel for the State respondents. Sri Anuj Shahi holding brief of Sri K. Shahi has put in appearance on behalf of Respondent no.2.
The challenge in the present appeal is to the judgment and order dated 30.11.2022 of the learned Single Judge wherein it is recorded that: -
"2. Petitioner seeks to rely on a certificate issued by the District Magistrate, Bijnore, dated 27.08.2022 certifying her to be a dependent of freedom fighter. On the strength of that certificate, she seeks processing of her application made to U.P. Secondary Education Services Selection Board, Prayagraj under Advertisement no. 01 of 2022 published on 09.06.2022 for the purpose of making selection on the post of Trained Graduate Teacher.
3. Undisputedly, the cut-off date prescribed by the Board under the above advertisement for the purpose of making applications was 09.07.2022. It was last extended up to 16.07.2022.
4. Since the certificate being now relied upon by the petitioner was issued more than a month after the cut-off date, there is no rationale or principle available in law as may allow the petitioner to be permitted to seek benefit of that certificate viz-a-viz the selection process undertaken by the aforesaid Board under Advertisement no. 01 of 2022.
5....
6. Assuming at present, the District Magistrate, Bijnore, caused delay in issuance of certificate, in the context of the selection process, the sacrosanct principle to be applied remains that the eligibility conditions must be met on or before the cut-off date. The Board cannot be saddled to consider any application contrary to that principle solely because the petitioner may not have been at fault in issuance of certificate by the District Magistrate."
It is an admitted fact of the matter that the certificate submitted by the writ petitioner of being dependent of freedom fighter was issued on 27.08.2022, whereas the last date of submission of the application form was 16.07.2022. For getting benefit of the reservation in the category of dependent of freedom fighter, it was incumbent on the petitioner to enclose the relevant certificate issued by the competent authority to establish that the petitioner was dependent of the freedom fighter on the date of submission of the application form, i.e. 16.07.2022.
As the petitioner did not fulfill the requisite criteria of claiming reservation in the category of dependent of freedom fighter, we do not find it a fit case for interference. As to the submission of the learned counsel of the petitioner that the petitioner herein being a female got the status of dependent of freedom fighter by her birth, we may record that the same is based on misconceived notion. As per own case of the petitioner, her grandfather was a freedom fighter and for recognition of the petitioner, being a dependent of freedom fighter, the requirement of the certificate showing her dependence upon her grandfather was necessary.
The petitioner in any case, does not acquire the status of being dependent of a freedom fighter by her birth in the family.
For the aforesaid, we do not find any merit in the present appeal. It is accordingly dismissed.
Order Date :- 13.3.2023
N.S.Rathour
