Court No. - 58
Case :- WRIT - A No. - 14261 of 2018 Petitioner :- Kavita Maurya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar,Hira Lal Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has applied for appointment to the post of Constable (Female) in U.P. Police as an OBC candidate and she has secured 412.8 marks. Petitioner's caste certificate is dated 11.02.2016 and according to the counsel for the petitioner, in the online application form also the same certificate has been referred to. Serial number of the certificate in the online application form is also the same.
Learned standing counsel does not dispute that the cut of mark of OBC candidate is 410.6; while, the petitioner has scored 412.8 marks.
There is absolutely no reason as to why petitioner's candidature has not been considered for appointment.
Learned standing counsel was allowed time to obtain instructions.
It is submitted on behalf of the respondents that claim of the petitioner shall be considered as an OBC candidate and therefore, the respondents be permitted to revisit the issue, which is also permissible in view of the law laid down by the Full Bench of this Court in Gaurav Sharma Vs. State of U.P. and Others reported in (FB) 2017 (5) ADJ 494.
In the facts and circumstances of the case, noticed above, this petition stands disposed of with a direction upon the respondents to consider petitioner's claim for appointment as an OBC candidate within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 30.7.2018 Amit Mishra