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WPSB/11/2023
2023 Latest Caselaw 229 UK

Citation : 2023 Latest Caselaw 229 UK
Judgement Date : 12 January, 2023

Uttarakhand High Court
WPSB/11/2023 on 12 January, 2023
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSB No.11 of 2023
                                  Shri Vipin Sanghi, C.J.
                                  Shri Alok Kumar Verma, J.

Mr. Jayvardhan Kandpal, learned counsel for the petitioner.

Mr. S.S. Chaudhary, learned Brief Holder for the State.

Mr. Ashish Joshi, learned counsel for respondent no.2.

Mr. Nikhil Sabri, learned counsel for respondent no.3.

The grievance of the petitioner is that the cut-off date fixed for meeting all the educational and other qualifications under the advertisement dated 04.12.2021, was fixed as 24.12.2021 under the Clause of the 'Very Important Instructions'.

The petitioner appeared for the NET Geography examinations on two occasions. The petitioner has placed on record two NET Certificates issued by the U.G.C. dated 08.01.2020 and 12.03.2022.

The grievance of the petitioner is that though the respondents have issued a corrigendum in relation to the 'disabled persons', the cut-off date has not been changed, and consequently, the petitioner is not in a position to apply in response to the advertisement on the strength of the NET eligibility certificate dated

12.03.2022.

The petitioner states that the disability of the petitioner as mentioned in the NET certificate dated 08.01.2020 categorizes the petitioner's disability as "Others", whereas the subsequent certificate dated 12.03.2022 categorizes his disability as "locomotor disability in one upper limb".

In our view, it would be reasonable for the respondents to change the cut-off date keeping in view that the advertisement was initially issued on 04.12.2021 and a corrigendum was issued in pursuance to our judgment dated 27.07.2022.

Since the entire process of selection has got delayed due to the erroneous advertisement initially issued, not allowing others - who may have become eligible in the year 2022, to participate in the selection process, would put them to serious disadvantage, if the cut-off date is not shifted.

Let learned counsel for respondent no.2 take instructions in this regard.

List the matter on 13.01.2023.

(Alok Kumar Verma, J.) (Vipin Sanghi, C.J.) 12.01.2023 Sukhbant

 
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