Court No. - 33
Case :- WRIT - A No. - 8418 of 2018 Petitioner :- Awadhesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash,Rama Shankar Prasad Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha,Siddharth Singhal
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's claim that he ought to have been appointed against advertisement No. 6/2014-15 on the post of Conductor in U.P.S.R.T.C.
A counter affidavit has been filed in which it is stated that in the online application form petitioner has disclosed his category as OBC whereas, he now claim himself to be a schedule caste candidate which is impermissible. It is pointed out that cut off for OBC candidate is 266 whereas petitioner has secured only 250 marks.
Learned counsel for the petitioner states that weightage of 10 marks for driving licence has been arbitrarily denied to petitioner. A perusal of Annexure- 1 would go to show that the licence in terms of qualification has not been annexed alongwith with the application form. In such circumstances, denial of weightage for the driving licence cannot be said to be arbitrary.
From the materials placed on record, it is apparent that the cut off for selection in the OBC category is 266 marks whereas petitioner has secured only 250 marks. Having failed to secure requisite cut off marks in the concerned category, no exception can be taken if petitioner has not been selected.
Dismissed, accordingly.
Order Date :- 19.8.2021 n.u.