Court No. - 58
Case :- WRIT - A No. - 17793 of 2018 Petitioner :- Ashish Tiwari Respondent :- State Of U.P. And Another Counsel for Petitioner :- Jagat Narain Mishra,Krishna Dutt Mishra Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha
Hon'ble Ashwani Kumar Mishra,J.
In similar facts and circumstances, a Writ Petition No.17237 of 2018 (Rashmi Yadav vs. State of U.P. and another) dismissed by this Court vide following order passed on 14.8.2018:-
"Petitioner claims to be similarly placed as Sanjay Sharma and 38 others, who had earlier approached this Court by filing Writ A No. 14724 of 2018, in which following interim protection was granted on 13.07.2018:-
"As an interim measure, it is provided that petitioners shall be subjected to interview pursuant to the advertisement issued, in case they have cleared the written test and type test, but their final result would abide by the disposal of this petition"
Submission is that petitioner is identically placed and interim protection be granted to her, as well.
Petition is opposed by Shri Kailash Singh Kushwawha, learned counsel appearing for the respondents, on the ground that petitioner was directed to appear for interview on 26.06.2018. She was made aware that because of lack of CCC certificate, she cannot be permitted to appear. It is stated that the petitioner did not raise any challenge at that stage and that, ongoing interview process has already been concluded. It is stated that in case any direction is issued by this Court, now, to allow the petitioner to appear for interview, the entire recruitment process would be adversely affected.
Although this Court had granted interim protection in similar circumstances, but there is no reason explained in this petition as to why the petitioner did not approach this Court in time? She was, admittedly, made aware on 26.06.2018 that she cannot appear because of lack of CCC certificate. This Court had granted interim protection in the matter on 13.07.2018. The petitioner, even at that stage, did not take any step to protect her right. The last date fixed for interview was 09.08.2018. There is no justification to entertain this petition after expiry of the last date of interview; in as much as, this Court would not be issuing a direction, which would have an adverse impact on the conduct of recruitment exercise itself.
The writ petition is, accordingly, dismissed."
In the present case also, petitioner was to appear for interview on 7.7.2018, and therefore, he was made aware of the fact that due to absence of CCC certificate, he was not allowed to appear in the interview. Despite having apprised of such situation, the petitioner has not taken due steps and interview has been concluded on 9.8.2018. The process of interview has since been concluded, no interference is called for.
For the reasons recorded in the order dated 14.8.2018, this writ petition is also dismissed.
Order Date :- 21.8.2018 Ashok Kr.