Court No. - 34
Case :- WRIT - A No. - 10493 of 2021 Petitioner :- Abhishek Kumar Singh S/O Respondent :- State Of U P Through Its Chief Secretary Counsel for Petitioner :- Deepak Shukla Counsel for Respondent :- C.S.C.,Prabhakar Awasthi
Hon'ble Yashwant Varma,J.
Heard Sri Prabhakar Awasthi, learned counsel appearing for the contesting respondents and Sri Vikram Bahadur Yadav, learned Standing Counsel. None has appeared for the petitioner even in the revised call.
The attention of the Court is drawn to the order passed in Pankaj Kumar Pandey And Others Vs. State of U.P. and Others [Writ A No.7688 of 2021] in which dealing with the similar controversy, the Court held thus:-
"Heard learned counsel for parties.
Pursuant to the last order passed, Sri Prabhakar Awasthi, learned counsel appearing for the Board has submitted that taking cognizance of the issues which had arisen on account of the lockdown imposed, the Commission itself had extended the last date for completion of formalities up to 25 June 2021. He further submits that as per Press Release [Annexure-3 to the writ petition] would establish out of 26,95,539 candidates who had registered, 17,66,856 candidates had been able to complete the registration process. However, the Commission noticing the gap between the two figures, took a conscious decision to extend the completion of formalities upto 25 June 2021. It is further submitted by learned counsel that the process of selection which had been initiated by the Commission which itself relates to public employment must necessarily be brought to a closure.
It becomes relevant to note that the advertisement admittedly was issued in May 2021 and the process for online application commenced from 25 May 2021. That process was to continue upto 21 June 2021 and all amendments in online applications were to be completed by 28 June 2021. Learned counsel for the petitioners has placed reliance on an order of 19 June 2021 to contend that cybercafes could not be accessed prior to the last date fixed. However, as a reading of the aforesaid notification would itself establish, the lockdown was lifted in respect of all establishments except those which fell within a containment zone. The order further provided that all establishments would remain open between 07 A.M. to 09 P.M. The writ petition however lays no foundation of either the process which the 11 petitioners had completed nor does it state as to what hindrances and constraints were faced by the petitioners individually in complying with the time lines stipulated. The Court notes that it was incumbent upon the petitioners to have established that the situation was such that it was impossible for them to have complied with the requirements placed under the recruitment notification. The Court is apprised that over 2,50,000 applicants took advantage of the extension of date by the respondents. The Court also takes into consideration the total number of applicants who were able to complete the registration process.
On an overall conspectus of the aforesaid facts, the Court finds no ground to grant the reliefs as prayed for.
Accordingly, the writ petition fails and is dismissed."
Accordingly, the writ petition fails and shall stand dismissed. Order Date :- 24.8.2021 Vivek Kr.
Digitally signed by Justice Yashwant Varma Date: 2021.08.25 11:50:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad