Court No. - 33
Case :- WRIT - A No. - 33048 of 2016 Petitioner :- Ramesh Kumar Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Mool Chandra,Bhaju Ram Pprasad Sharma Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's grievance is that though he has secured marks above the cut-off in the recruitment undertaken for the post of Lekhpal in the year 2015, yet, ye has been denied selection.
A counter affidavit has been filed in which it is disclosed that the cut-off in unreserved category was 72.8 marks, whereas in the OBC category cut-off was 71.2 marks; for Scheduled Caste category cut-off was 64.2 marks; and for Scheduled Tribe category cut-off was 56.6 marks. Petitioner was a candidate in the OBC category and has secured 68.2 marks. It is, therefore, stated that petitioner has failed to secure marks above the cut- off in the respective category and, therefore, his non selection merits no interference.
Rejoinder affidavit has been filed and from an RTI reply received from the office of District Magistrate, Bhadoi, dated 13.04.2017 it is sought to be urged that respondent nos.4 & 5 had secured lower marks than the petitioner but they have been selected.
Sri Shailendra Singh, learned Standing Counsel submits that marks awarded to respondent nos.4 and 5 was 72.6 and 72.8, respectively, which is above the cut-off in the OBC category and, therefore, no illegality can be attributed to their selection.
Though various arguments have been advanced on behalf of petitioner but statement of fact disclosed in para 6 of the counter affidavit is not shown to be incorrect. Since petitioner has not been able to secure marks above the cut-off in his respective category, therefore, no exception can be taken to his non selection.
Writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 23.9.2021 Ashok Kr.