Allahabad High Court
Priti Khare vs State Of U.P. And Another on 20 March, 2023
Bench: Vikram D. Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - A No. - 3617 of 2023
Petitioner :- Priti Khare
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Vinod Kumar Singh,Chandan Kumar Singh
Counsel for Respondent :- C.S.C.,Siddharth Singhal
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the petitioner, Sri Siddharth Singhal, learned counsel for respondent no.2 and learned Standing Counsel for the State-respondents.
It is submitted by learned counsel for the petitioner that the petitioner had applied for the post of Health Worker (Female) and last date for submission of application form was 5.1.2022. The amendments in the application form was required to be incorporated by 12th January, 2022. The petitioner had received the certificate of EWS category on 20.5.2022. He submits that although the petitioner had applied for the certificate of EWS category prior to the cut off date i.e. 5.1.2022. However, the certificate was issued by the authority concerned on 20.5.2022.
Learned counsel for the petitioner on the strength of the aforesaid submits that the petitioner is entitled to participate in the recruitment process on account of the fact that the petitioner has received the EWS certificate on 20.5.2022.
Learned counsel for the respondent no.2 has drawn attention of this Court to clause 8.3 of the advertisement wherein it has been provided that the certificate in regard to the reservation under the EWS category is required to be issued prior to the date of submission of the application form.
According to the learned counsel for the respondent no.2, the last date for submission of the application form was 5.1.2022 and as such the aforesaid claim of petitioner is of no consequence and is hit by clause 8.3 of the advertisement.
Learned counsel for respondent no.2 has also relied upon the judgment of this Court dated 13.12.2022 passed in Special Appeal No.785 of 2022, Ranjana Rai Vs. State of U.P. and others to submit that in similar circumstances, the special appellate court has rejected the claim of the candidate as the certificate of EWS category was issued after the last date fixed in the advertisement.
This Court is of the opinion that the selection process for public employment is required to be conducted strictly in accordance with the terms and conditions prescribed in the advertisement. Once of the conditions of the advertisement being clause 8.3 provided that the certificate of the EWS category of reservation was required to be possessed by the candidate before the last date of submission of application form.
It is not in dispute between the parties that the last date for submission of application form was 5.1.2022. Even according to the learned counsel for the petitioner, the certificate of the EWS category was issued by the competent authority on 20.5.2022 i.e. after the last date fixed for submission of the application form. Once the condition prescribed in the advertisement being clause 8.3 is violated, the petitioner does not have any right to participate in the selection process and the claim of petitioner would be hit by clause 8.3 of the advertisement. The order dated 13.12.2022 passed in the aforesaid special appeal has considered the aforesaid aspect and rejected the claim of the candidate in this respect.
The relevant portion of the order dated 13.12.2022 passed in Special Appeal No.785 of 2022 is extracted hereunder:-
"The grievance of the appellant is with regard to non-consideration of her candidature in the E.W.S. category.
It appears that pursuant to the advertisement, online application was to be submitted by 05.01.2022. Amendments in the online submission were permissible upto 12.01.2022. However, where a candidate sought reservation under any of the categories, Clause 8.3 of the advertisement specifically provided that certificate in that regard must be possessed by the candidate before the last date of submission of the application form.
The candidature of the appellant was non-suited, as an EWS category candidate, on the ground that the EWS category certificate obtained by the appellant was of the date 08.01.2022, that is of a date subsequent to the last date of submission of the form.
The claim of the appellant is that since the last date for amendment in the submission was 12.1.2022 and the appellant had obtained EWS category certificate before that date, the claim of the appellant as an EWS category candidate could not have been rejected.
The learned Single Judge, upon consideration of Clause 8.3 of the terms and conditions specified in the advertisement did not find merit in the submission made on behalf of the petitioner and dismissed the petition.
We have accorded consideration to the rival submissions. We do not find a good reason to interfere with the order of the learned Single Judge for the simple reason that it is not in dispute that the certificate on the basis of which the appellant professes to be an EWS category candidate was obtained after the last date of submission specified in the advertisement."
Considering the aforesaid facts and circumstances as well as the judgment passed in the aforesaid special appeal, the writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 20.3.2023
Bhaskar
