Court No. - 58
Case :- WRIT - A No. - 15229 of 2018 Petitioner :- Badri Prasad Mishra And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 20.7.2018:-
"Petitioners contend that they have fallen short by one mark and in case answer to the question, later deleted by the Commission is awarded to all those candidates, who have attempted the question, then they would clear the exam.
Learned Standing Counsel points out that the issue has already been considered by this Court in Writ Petition No.9637 of 2018 (Radha Krishan and others vs. State of U.P. and others) decided on 18.5.2018.
Per contra, learned counsel for the petitioners has invited attention of the Court to the specific provision contained under clause 8 of Appendix 3 to the Rules, as per which the appointment itself was to be made. Submission is that since provisions of the Rules have not been placed before the Court, the judgment in Radha Krishan and others (supra) is liable to be ignored by following principle of per incuriam.
Learned Standing Counsel may obtain instructions in the matter by the next date.
Put up as fresh on 30.7.2018".
Learned Standing Counsel has produced 'Uttar Pradesh Sub- Inspector and Inspector (Civil Police) Service (First Amendment) Rules, 2015', published on 3.12.2015, as per which, Clause-8 of Appendix-III has already been omitted. Submission is that in such circumstances, the arguments advanced is wholly misconceived.
This Court finds that once the provisions relied upon by the petitioner has already been omitted by amending the Rules itself, the contention advanced that judgment in Writ Petition No. 9637 of 2018 is contrary to Rules, is found to be misconceived. The issue otherwise stands answered against the petitioner.
Writ petition fails and is consigned to records.
Order Date :- 30.7.2018 n.u.