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Shilpi Jaiswal vs State Of U P And Others

High Court Of Judicature at Allahabad|27 July, 2021
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JUDGMENT / ORDER

Court No. - 33
Case :- WRIT - A No. - 4954 of 2021 Petitioner :- Shilpi Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Shri Ashok Khare Counsel for Respondent :- C.S.C.,Anil Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner states that she had applied for appointment on the post of Assistant Teacher in L.T. Grade pursuant to advertisement no.01/2016 issued by respondent no.3 Board. In the application form submitted online petitioner had disclosed her qualifications. Against the column of obtaining Ph.D./DPhil degree the petitioner has specifically marked 'NO'. It is stated that this was done inadvertently and when the documents were uploaded later on the Board's website the petitioner uploaded details of her Ph.D. degree but its benefit has been denied to the petitioner.
Learned Senior Counsel for the petitioner states that petitioner was entitled to be awarded marks for Ph.D. degree once the degree was on record before the Board. Submission is that inadvertence at the time of filling online application form ought not to be to her disadvantage. It is also stated that all entries in the application form are not conclusive and the Board is required to check all documents which have been uploaded at the subsequent point of time before holding the interview.
Sri Anil Kumar Singh, learned counsel appearing for the respondent Board submits that selection proceedings have already been concluded and appointments have also been made. It is submitted that the applicants are responsible for the details filled in the online application form and once the petitioner herself has not claimed benefit of her Ph.D. degree, she cannot raise such a claim, later.
I have heard learned counsel for the parties and perused the materials brought on record.
The online application form of the petitioner clearly shows that the petitioner has marked 'NO' against the column meant for Ph.D. degree. The candidature of applicants had to be processed on the basis of disclosure made in the online application. Petitioner at that stage did not raise any such grievance before the authorities. It is much later that petitioner has uploaded the details/documents in which she has disclosed about her Ph.D. degree.
The argument advanced on behalf of the Board that only such documents uploaded later are taken note of which are specifically referred to in the online application form appears to be reasonable and a candidate who himself/herself has incorrectly filled the online application form cannot claim that the Board should scrutinize documents and award marks under the heads to what is specifically mentioned by the applicant himself/herself in the online application form. Even otherwise, the selection proceedings have already been concluded and appointments have also been made. None of those selected candidate are party before this Court and in their absence no relief can be granted to petitioner at this late stage.
For the reasons recorded above this writ petition lacks merit and is, according, dismissed.
Order Date :- 27.7.2021 Ashok Kr.
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Title

Shilpi Jaiswal vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 July, 2021
Judges
  • Ashwani Kumar Mishra
Advocates
  • Siddharth Khare Sr Advocate Shri Ashok Khare