Court No. - 58
Case :- WRIT - A No. - 15317 of 2018 Petitioner :- Balkesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajeet Kumar Baranwal Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 6.8.2018:-
"It appears that petitioner has not been granted benefit of Homeguard and since he has failed to secure marks above the cut off in the category of Scheduled Castes candidate, as such, he has not been selected.
Learned counsel for the petitioner submits that petitioner has produced certificate to show that he is a Homeguard and has also filled such details in the online application form and therefore, denial of category of Homeguard is arbitrary.
Learned standing counsel requires further time to obtain instructions in the matter.As prayed, put up this case, in the additional cause list, on 14.08.2018."
Learned Standing Counsel has obtained instructions, according to which, a grievance committee has been constituted, which has prima facie found substance in petitioner's grievance. A statement is made by learned Standing Counsel that petitioner's claim would be examined by the competent authority, at the earliest possible, in accordance with law.
In view of the aforesaid, this writ petition stands disposed of with a direction upon the respondent no.4 to accord consideration to petitioner's claim for appointment on the post in question, keeping his category as that of Home Guard, which fact was also mentioned in his online application. The required consideration would be made within a period of two months from the date of presentation of certified copy of this order.
It goes without saying that in case petitioner has scored marks above the cut-off in the respective category i.e. Home Guard, his candidature for appointment shall be considered, as per law.
Order Date :- 23.8.2018 Ashok Kr.