Allahabad High Court
Priti Khare vs State Of U P And Another on 8 May, 2023
Bench: Sunita Agarwal, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:98252-DB
Court No. - 29
Case :- SPECIAL APPEAL No. - 246 of 2023
Appellant :- Priti Khare
Respondent :- State Of U P And Another
Counsel for Appellant :- Yatindra Singh
Counsel for Respondent :- C.S.C.,Siddharth Singhal
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Vikas Budhwar,J.
Heard Sri Yatindra Singh, learned counsel for the appellant and Sri Akhilesh Kumar Maurya, learned counsel holding brief of Sri Siddharth Singhal, learned counsel for respondent.
This intra court appeal is directed against the judgment and order dated 20.3.2023 wherein it is noted that as against the advertisement to the post of health-worker (female), wherein last date of submission of the application form was 5.1.2022. The petitioner/appellant herein had submitted a certificate of EWS category on 20.5.2022.
The contention of the learned counsel for the appellant is that the petitioner had secured 46.75 marks out of 50, which was maximum marks for the General Category Candidates. It is submitted that the certificate of EWS category had already been issued in favour of the husband of the petitioner herein in the year 2018 as well as in the year 2019. The petitioner being fully dependent upon her husband and having no earning on her own also falls in EWS category. The certificate submitted by the petitioner, which certifies that she belongs to EWS category on 25.2.2022 though was subsequent to the last date of the application form but before the declaration of the result of the written examination. At the time of verification of the testimonials before the competent authority, the petitioner had submitted the said certificate, there is, thus, no justification for rejection of claim of the petitioner for grant of certificate of EWS category.
Be that as it may, it is an admitted fact of the matter that the petitioner did not possess the requisite certificate of EWS category on the last date of submission of the application form, which was 5.1.2022 in the instant case. The eligibility qualification or the requirement to consider a candidate in a particular category is to be fixed by the Selection Body as on the last date of submission of the application form which is fixed in the advertisement itself.
In the said scenario, submission of the certificate seeking for benefit of EWS category subsequent to the last date of submission of the application form could not be of any benefit to the petitioner. No indulgence can be granted, inasmuch as, there may be many such applicants who did not possess the EWS certificate as per the requirement of the advertisement on the last date of submission of the application form and, as such, did not apply for the benefit of the said category, abiding by the terms of the advertisement.
The subsequent acceptance of EWS category certificate by relaxing the cut-off date fixed in the advertisement would cause serious prejudice to such people and is contrary to public policy.
No interference is warranted in the order dated 20.3.2023 of the learned Single Judge. Accordingly, the appeal stands dismissed.
Order Date :- 8.5.2023
S.K.
