Court No. - 36
Case :- WRIT - A No. - 12975 of 2018 Petitioner :- Shailendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bare Lal,Devi Prasad Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present petition, the petitioner seeks to challenge the final select list declared on 21.05.2018 pursuant to the U.P. Police Department/Police Constable and Constable PAC (Male) Direct Recruitment 2015.
The ground of challenge is that the petitioner has secured higher marks than the last selected candidate in the Scheduled Caste category.
It is contended in paragraph no.'7' of the writ petition that the petitioner was called upon to appear in the Physical Efficiency Test (running test) held on 07.05.2016. The provisional admit card issued to the petitioner for the said examination has been filed as Annexure No.'4' to the writ petition to substantiate the said fact. It is further contended in the said paragraph that the petitioner has qualified the Physical Efficiency Test.
In paragraph no.'8' of the writ petition, it is further contended that the petitioner was supposed to appear before the competent authority for verification of documents and for medical examination to meet the standard of health on 13.08.2016. The provisional admit card issued to the petitioner calling him to appear has been filed as Annexure no. '5' with the writ petition.
Paragraph no.'9' of the writ petition further indicates that the petitioner was called upon again for document verification vide letter dated 11.01.2017. The call letter dated 11.01.2017 has been filed as Annexure no.'6' at page '38' of the paper book.
It is, thus, submitted that the petitioner has fulfilled the eligibility criteria and cleared all stages of the examination and even appeared for document verification process wherein the document submitted by him were found meeting the criteria and standards as notified in the advertisement. But the name of the petitioner has not been included in the list of selected candidate for no reasons.
On a pointed query made by the Court as to how the petitioner submits that he fulfils eligibility criteria i.e. as to whether he possess the requisite certificate of being Scheduled Caste category and domicile of the State of U.P., learned counsel for the petitioner has showed his inability to place the application form so as to ascertain the correctness of the certificates submitted by him in support of his claim of being Scheduled Caste category residing in the State of U.P.
A perusal of the page '30' of the paper book further indicates that the caste certificate of the petitioner is dated 30.01.2016 but the domicile certificate at page '31' of the paper book, is dated 27.08.2011. Another domicile certificate issued in favour of the petitioner is dated 10.08.2016, which is much beyond the cut off date as notified in the advertisement. The advertisement in question required the candidates to fulfil all eligibility criteria on or before 29.02.2016.
In view of the facts noted above, the petitioner cannot be allowed to rely on a resident certificate issued on 10.08.2016 i.e. much after the date of submission of the application form and the date on which, the petitioner was required to appear before the competent authority for document verification; to state that he fuliflled all requisite criteriate for consideration of his candidature under the advertisement in question. As per admitted case of the petitioner, he was called upon to appear before the competent authority for document verification on 13.08.2016 when he possessed domicile certificate issued in the year 2011..
For the above noted reasons, the dispute raised by the petitioner for non-consideration of his candidature is found devoid of merits and hence dismissed.
Order Date :- 29.5.2018 Himanshu