Court No. - 6
Case :- WRIT - A No. - 19653 of 2018 Petitioner :- Pankaj Kumar Yadav Respondent :- State Of U.P Through The Chief Secretary U.P. And 2 Others Counsel for Petitioner :- Ajay Singh,Vinay Kumar Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Mr. Kushwaha, who appears for the Commission.
This petition has been preferred seeking a direction for the petitioner to appear in the Recruitment Examination 2016 for the post of Junior Assistant. According to the petitioner although, he appeared before the respondents at the time of the interview, he was not permitted to participate since he was informed that he did not hold a CCC certificate in accordance with stipulations as made in the advertisement. From the record it appears that although, the petitioner completed the course in March 2014, the certificate of CCC was issued only on 27 March 2017. It is not disputed that under the advertisement the last cut off date for submission of all testimonials was 4 March 2016.
Dealing with an identical controversy, a learned Judge of this Court while deciding Sanjay Sharma and 37 others Vs. State of U.P. and another in Writ-A No.14724 of 2018 has negatived the challenge in the following terms:-
" 22. It has been no doubt submitted by Mr. Seemant Singh that on the last date of submission of the application form, the petitioners had passed the CCC Course but the advertisement by its very language required the candidates to "possess the certificate of CCC" and not to have passed the CCC Course. The judgments cited by the learned counsel for the respondents with regard to the strict interpretation given to the language of the advertisement notifying the vacancy or the language of the rules cannot be ignored by this Court "
Accordingly for the reasons assigned in the aforementioned decision, the writ petition is dismissed.
Order Date :- 28.11.2018 cks