Vivek Singh vs State Of U.P. Thru. Prin. Secy. Home ...
2025 Latest Caselaw 4972 ALL

Allahabad High Court

Vivek Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 12 February, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:9185-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 638 of 2024
 

 
Appellant :- Vivek Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 2 Others
 
Counsel for Appellant :- In Person
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.
 

Hon'ble Subhash Vidyarthi,J.

(I.A. No. 1 of 2024)

1. Heard.

2. This is an application seeking condonation of delay in filing the special appeal.

3. Cause shown in the affidavit filed in support of the application is sufficient.

4. Application is allowed.

5. Delay in filing special appeal is condoned.

(Order on appeal)

1. Heard learned counsel for the appellant and the learned Standing Counsel for the State.

2. The intra court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has assailed the judgment/ order dated 15.10.2024 rendered by the writ court in Writ A No. 9422 of 2023. The writ petition claiming the benefit of appointment on the post of Police Sub Inspector (Confidential) Group-C has been rejected having regard to the cut off marks of the general category candidates which as per the material available on record are shown as 304.8406 whereas the marks obtained by the appellant are stated to be as 262.3881. The figure of marks obtained by the appellant-petitioner are far from the benchmark at which the last candidate in the general category was appointed. The appellant does not even touch the benchmark of EWS i.e. 285.6906. It is also not in dispute that the appellant had applied against the unreserved category candidates and as per rules of examination, once the appellant had chosen to fill up his category as unreserved, the benefit of reservation as EWS candidate could not be claimed at a subsequent stage.

3. For the reasons recorded above as well as what has been recorded by the writ court in the impugned judgment, we are not persuaded to grant interference in exercise of appellate jurisdiction of this Court and the intra court appeal bereft of any merit is rejected.

Order Date :- 12.2.2025

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