Court No. - 2
Case :- WRIT - A No. - 12004 of 2019 Petitioner :- Dipika Dixit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mujib Ahmad Siddiqui Counsel for Respondent :- C.S.C.,Ashish Mishra,Bushra Maryam
Hon'ble Suneet Kumar,J.
Heard the learned counsel for the parties.
Petitioner applied for the posts notified under the Uttar Pradesh Civil Court Staff Centralized Recruitment 2016-17. Petitioner submitted her online form for Group 'C' (Clerical Cadre) post (code 02). Her gender is female but the sub category as required to be disclosed by the petitioner, it was marked 'none'. Sub category included Women (w) as one of the category but the petitioner did not comply the instructions. After the final result was declared. Petitioner claims that she has scored higher marks than the last selected candidate in the sub-category 'Women', therefore, it is urged that she may be declared successful. Petitioner by the instant writ petition seeks the following reliefs:
"issue a writ, order or direction in the nature of Mandamus commanding the respondent authorities declaring the petitioner as selected candidate and appoint the petitioner on the post of Clerical 'C' Cadre (Post Code-2), otherwise the petitioner shall suffer irreparable loss and hardship, which may not be compensated by any other means."
It is not disputed that the last selected candidate under 'Women' sub category has scored 128 marks, whereas, petitioner has scored 131 marks.
Learned counsel for the respondent has produced original application form submitted by the petitioner, which reflects that in the column of 'sub category', petitioner has marked 'none', therefore, her candidature was not considered under 'Women' category. Petitioner, admittedly, has not obtained the cut of marks 136.4 scored by the last selected candidate under the unreserved category (UR). In other words, petitioner's candidature was not considered under Women category for horizontal reservation but under the UR category. Learned counsel for the respondent further submits that the candidates have to be careful while filling the forms as the forms are verified by the computer software and in case, any data is wrongly filled or any column is left blank, the same would not be recorded/read by the computer. Since large number of candidates have appeared for the competitive examination, at this stage, it would not be possible to permit the petitioner to make necessary correction in her form and consider her candidature under the 'Women' category. In case, the petitioner is permitted in that event, respondents would have to give opportunity to all such candidates, who have filled their forms wrongly, which is not possible.
Having due regard to the facts and circumstances of the case, the Court declines to exercise its equitable jurisdiction under Article 226 of the Constitution of India.
The writ petition is, accordingly, dismissed. No cost.
Order Date :- 26.8.2019 Mukesh Kr.