Court No. - 6
Case :- WRIT - A No. - 25042 of 2018 Petitioner :- Surendra Kumar Patel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyaveer Singh Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri Kushwaha, who appears for the Commission.
This writ petition has been preferred seeking a direction for acceptance of the CCC certificate as produced by the petitioner for consideration of his candidature on the post of Junior Assistant under the OBC category. Undisputedly, the certificate, which was produced by the petitioner is dated 23 August 2017. However, the last date as stipulated under the advertisement for submission of all testimonials was 4 March 2016.
The submission of learned counsel for the petitioner that the petitioner had finally cleared the examination for grant of the aforesaid certificate in October 2014 cannot possible take his case any further since the qualification was to be possessed on the last date fixed.
Dealing with an identical controversy, a learned Judge of this Court while deciding Sanjay Sharma and 37 others Vs. State of U.P. and another in Writ-A No.14724 of 2018 has negatived the challenge in the following terms:-
" 22. It has been no doubt submitted by Mr. Seemant Singh that on the last date of submission of the application form, the petitioners had passed the CCC Course but the advertisement by its very language required the candidates to "possess the certificate of CCC" and not to have passed the CCC Course. The judgments cited by the learned counsel for the respondents with regard to the strict interpretation given to the language of the advertisement notifying the vacancy or the language of the rules cannot be ignored by this Court "
Accordingly for the reasons assigned in the aforementioned decision, the writ petition is also dismissed.
Order Date :- 28.11.2018/cks