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Mukesh Kumar Pandey And 3 Ors. vs State Of U.P.Thru ...

High Court Of Judicature at Allahabad|08 January, 2021

JUDGMENT / ORDER

1. Called out in the revision of list. No one is present to press this petition on behalf of the petitioners nor there is any request for adjournment of the case. The case relates to the year 2015 and no effective hearing could take place since then. The matter has been adjourned on one reason or the other. On the last too i.e. on 11.11.2020, the matter was adjourned on the request of the learned counsel for the petitioners.
2. Since the learned counsel for the petitioners is not interested to pursue the petition seriously, the court has no option but to decide the petition with the assistance of learned counsel for the State.
3. By way of this petition the petitioners have prayed for quashing the amended cutoff merit list dated 22.03.2015 of dependent of freedom fighter category issued by opposite party no.2 and also to command the respondents to declare the cutoff merit and make appointment accordingly.
4. It is contended that the petitioners being fully eligible and qualified for the post of police constable applied in pursuance to advertisement dated 14.05.2013 under 2% quota of the freedom fighter. It is also contended that under freedom fighter quota, the number of seats should be 832 but the respondents have called only 782 candidates for the document verification and medical test. Thus, the action on the part of the respondents in selection process is wholly unlawful, arbitrary and discriminatory in nature.
5. Per contra, learned Additional Chief Standing Counsel for the State has referred the counter affidavit which has been filed on 14.03.2016. He has referred para 4-K and submitted that the petitioner was considered in special reservation category wherein the cutoff marks was 258.7226 whereas the petitioners could not be able to obtain the minimum cutoff marks, therefore, they were not found eligible for being allowed to appear in the medical test as well as for the verification of the educational documents. Learned counsel for the State has submitted that since the petitioners could not obtained the prescribed minimum cutoff marks for the post under the quota, they cannot claim for the appointment. The petition is devoid of merit and therefore, is to be dismissed.
6. I have perused all the documents and contentions made in the writ petition.
7. Perusal of the documents, it reveals that the prescribed cutoff marks under the freedom fighter category was 258.7226 while all the petitioners could not obtain the minimum cutoff marks and therefore, they are not eligible to be considered for the appointment on the post. The respondents have declared the cutoff merit of the final selection and the petitioners have not obtained the minimum cutoff marks.
8. In view of the above, I do not find any illegality in the selection. The writ petition lacks merit and it is accordingly dismissed.
Order Date :- 8.1.2021 VNP/-
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Title

Mukesh Kumar Pandey And 3 Ors. vs State Of U.P.Thru ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
08 January, 2021
Judges
  • Chandra Dhari Singh