Court No. - 6
Case :- WRIT - A No. - 1032 of 2019 Petitioner :- Sheela Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Phool Chandra Yadav,Anil Tiwari Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Yashwant Varma,J.
Learned counsel for parties are ad idem that the petitioners shall be entitled interim relief in terms as provided by this Court in Writ-A No. 486 of 2019. The order passed in the said writ petition reads thus:
“Sri M.N. Singh learned counsel for the Commission who had been granted time to obtain instructions has apprised the Court that the petitioners' candidature has not been processed further since they failed to obtain minimum marks which were prescribed by the Commission in respect of practical examination. He is, however, unable to draw the attention of the Court to any statutory provision in the relevant rules which permits the Commission to prescribe a minimum qualifying marks at the stage of practical examination. Additionally the Court bears in mind the principles as laid down in the decision rendered on Writ A No. 23665 of 2018 in which dealing with an identical controversy regarding the jurisdiction of the Commission to prescribe a minimum cut off in the absence of a provision in the relevant rules was decided against it.
Since the interviews are stated to commence from 19 January, the Court in the interim provides that the petitioners shall be permitted provisionally to appear in the interview subject to the final decision to be taken in this writ petition. It is further provided that the results of the petitioners shall not be declared subject to further orders to be passed on this petition.
List after six weeks.”
Consequently, the petitioner shall be entitled to similar interim relief.
Learned Standing Counsel may file his response in the meanwhile.
Order Date :- 22.1.2019 LA/-