Court No. - 6
Case :- WRIT - A No. - 23925 of 2018 Petitioner :- Ankit Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Shantanu Khare,Sri Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha
Hon'ble Yashwant Varma,J.
Heard Sri Ashok Khare, learned counsel for the petitioner and Sri Kushwaha who appears for the Commission.
The issue raised herein is in respect of the denial of weightage marks in respect of the graduation degree, which is held by the petitioner. The Commission has refused to accord any weightage marks obtained by the petitioner at the graduation level since the degree itself was obtained, admittedly, after the last date as prescribed under the advertisement.
Dealing with an identical controversy, this Court in Writ-A No.23938 of 2018 held thus:-
"Heard learned counsel for the petitioner and Sri Kailash Singh Kushwaha learned counsel who appears for the Commission.
This petition has been preferred seeking issuance of a writ commanding the Commission to include the marks of graduation while computing the total marks obtained by the petitioner who had appeared in a recruitment exercise initiated for the purposes of appointment on the post of Junior Assistant.
The prayer is raised essentially with reference to a clause of the advertisement which contemplated grant of eight marks as weightage to all candidates who had obtained 45%-60% at the graduation stage. Although, the petitioner is a graduate, undisputedly his marksheet was issued on 19 August 2016 and never formed part of the application. The Court further notes that the last date for submission of applications was 4 March 2016.
From the above it is evident that the graduation marksheet, which never formed part of the application made by the petitioner, cannot be pressed into aid at this stage and after passing of the cut off date. The Court also bears in mind the decision of the Full Bench of this Court in Gaurav Sharma Vs. State of U.P. And Others 2017 (5) ADJ 494 in which the sanctity of a cut off date was duly noticed and emphasised.
Accordingly and in light of the aforesaid undisputed facts this Court finds itself unable to issue the writ as prayed for. Writ petition is dismissed."
Accordingly and for the reasons assigned in the aforementioned decision, the writ petition is finally dismissed.
Order Date :- 28.11.2018 cks