Court No. - 58
Case :- WRIT - A No. - 20160 of 2018 Petitioner :- Anuj Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vijay Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Petitioner had applied for appointment on the post of Constable in the recruitment exercise initiated in the year 2013. In the application form, there was a specific clause requiring the candidate to specify as to whether he/she is a dependent of freedom fighter or not. Petitioner did not claim any such status at that stage. The result of the main written examination has been declared in the year 2016. It is much thereafter that petitioner has approached the authorities for consideration of his claim being the dependent of the freedom fighter in view of the law laid down by Division Bench of this Court in Isha Tyagi vs. State of U.P. and another (Writ Petition No. 41279 of 2014).
Submission is that petitioner being son of the married daughter of deceased freedom fighter would be entitled to reservation in the quota prescribed for dependent of the freedom fighter. Since such claim has not been considered he has approached this Court.
Learned Standing Counsel submits that since the result of main written examination has already been declared, as such there cannot be any change in the category permitted now by the respondents.
The objection raised on behalf of the learned Standing Counsel is liable to be sustained, inasmuch as once the result in the main examination has been declared, and the petitioner has failed to score qualifying marks therein, it would not be open for the petitioner to seek amendment in the category, to which he belongs, particularly when he had not claimed any benefit of dependent of freedom fighter while submitting his application form.
The writ petition is dismissed.
Order Date :- 19.9.2018/Sumaira