Court No. - 58
Case :- WRIT - A No. - 43492 of 2012 Petitioner :- Surya Prakash Upadhyay Respondent :- Union Of India & Others Counsel for Petitioner :- Sudeep Dwivedi Counsel for Respondent :- A.S.G.I.,N.K.Chatterji,Pawan Kumar Srivastava Hon'ble Ashwani Kumar Mishra,J.
Petitioner had applied for appointment to the post of Constable (GD) pursuant to an advertisement issued by the respondents for selection to the post of Constable (GD), 2011. According to petitioner, he belongs to naxal affected district of State of U.P. and therefore, had applied, accordingly, for appointment. Petitioner has scored 53 marks. The cut off mark, which has been declared by the Board on 28.11.2011 for naxal affected districts of the State of U.P. is BSF -54 marks, CISF - 62 marks, CRPS - 48 marks and SSB - 45 marks.
Grievance of the petitioner is that in such circumstances, petitioner's case for appointment was liable to have been considered, but the Commission has acted arbitrarily.
A counter affidavit has been filed, along which an application form of the petitioner has been annexed. According to the respondents, petitioner has applied in general category in the State of U.P., for which the cut off marks is 63.
Learned counsel for the petitioner has invited attention of this Court to annexure no. 2 filed along with counter affidavit, which is the application form of the petitioner. The State code of the petitioner is clearly filled as 33, which is of State of Uttar Pradesh. In clause 16.1, which refers to nasal affected areas, figure of 13 apparently is shown, which according to the petitioner is 28. Submission advanced is that petitioner ought to have been considered in the category of naxal affected areas.
The photocopy of the form, annexed along with the counter affidavit, is not very legible. It would, therefore, be appropriate to dispose of this petition with a direction upon the Commission to examine the original application form of the petitioner and in case petitioner has mentioned 28 as the category in clause 16.1, then his claim for appointment would be considered in the category of naxal affected areas of State of Uttar Pradesh. A specific order, in that regard, would be passed by the Commission within a period of three months.
In case petitioner's claim is accepted, appropriate orders would be passed and all consequential action shall be taken, accordingly.
Order Date :- 26.7.2018/Amit Mishra