Court No. - 58
Case :- WRIT - A No. - 15598 of 2018 Petitioner :- Km. Rinki Yadav Respondent :- State Of U P And Another Counsel for Petitioner :- Bholanath Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had applied for appointment to the post of Constable (Female) pursuant to the recruitment exercise initiated in the year 2015. Petitioner belongs to OBC category and her certificate dated 08.02.2016 had been relied upon. Petitioner has obtained 416.43 marks in the selection. Her grievance is that though cut off marks in the respective category is 410.6, but petitioner has not been selected without assigning any reason. Grievance is that petitioner's representation, in that regard, has also not been considered.
Learned standing counsel submits that the claim of the petitioner shall be examined by the authority concerned, in accordance with law.
Prima facie, this Court finds that petitioner has scored marks above the cut off in the respective category and her OBC certificate is also of a date as is made permissible in Full Bench judgment of this Court in Gaurav Sharma Vs. State of U.P. and Others reported in (FB) 2017 (5) ADJ 494. In such circumstances, petitioner's claim for appointment was liable to have been considered.
This petition, accordingly, stands disposed of with a direction upon respondent no. 2 to accord consideration to the petitioner's claim for appointment by passing a reasoned order within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 26.7.2018 n.u.