Court No. - 38
Case :- WRIT - A No. - 13165 of 2019 Petitioner :- Rupesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition following orders were passed on 26.8.2019:-
"Submission is that without affording any opportunity of hearing the authorities have cancelled petitioner's candidature.
Learned Standing Counsel may obtain instructions in the matter.
Post as fresh on 2.9.2019. "
After hearing learned counsel for the parties this Court proceeded to pass following orders on 16.9.2019:-
"Instructions have been received by the learned Standing Counsel on 13.9.2019, as per which petitioner was inadvertently selected treating him to be Home Guard whereas he has not been able to demonstrate that he was appointed as such. It is stated that cut off in respect of OBC category was 211.88718 whereas petitioner has scored much lesser marks. Copy of the instructions have already been furnished to the counsel for the petitioner today in Court.
Sri Siddharth Khare, learned counsel for the petitioner prays for and is allowed three days time to clarify the facts in this regard.
Post as fresh on 20.9.2019."
A supplementary affidavit has been filed by the petitioner stating that in fact petitioner belongs to Home Guard category and a certificate in that regard has also been annexed as Annexure SA-1. It is stated that petitioner's category has not been correctly determined.
It appears that authorities though had initially selected the petitioner in the category of Home Guard but later he has been denied consideration on the premise that petitioner does not belong to Home Guard. The certificate which has now been annexed alongwith the supplementary affidavit would be relevant and would require examination before a final decision is taken in the matter.
In the facts and circumstances of the present case, petitioner is therefore permitted to approach the Senior Superintendent of Police concerned alongwith all materials which may indicate that petitioner had been appointed as Home Guard. Such materials would be furnished alongwith certified copy of this order within two weeks from today. The authority concerned shall revisit the issue after taking note of such certificate and after necessary enquiry in that regard. A fresh decision would be taken within a period of three months, thereafter. The order impugned in this petition shall remain subject to the fresh order to be passed by the authority concerned.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 26.9.2019 Ashok Kr.