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Swapnila Sharma vs State Of U.P.Thru Prin. Secretary ...

High Court Of Judicature at Allahabad|06 January, 2021

JUDGMENT / ORDER

1. Heard Sri Nishant Shukla, learned counsel for the petitioner and Sri Manjeev Shukla, learned Counsel for the opposite party nos. 2 to 4.
2. This petition has been filed challenging the rejection order, by means of which the candidature of the petitioner under the CDP-UP category has been rejected on the ground that the petitioner has not submitted the CDP-UP category certificate on the acceptable format.
3. Submission of learned counsel for the petitioner is that there was no prescribed format provided with the application form or brochure and the petitioner had submitted the certificate issued by the Director Engineer -in Chief Integrated Branch in support of his candidature.
4. Learned Counsel for the opposite party nos. 2 to 4 submitted that in the brochure issued by the University referred in the brochure of Consortium for CLAT-2020 Examination, the candidates who seek admission against reserved categories were required to apply directly to the University in the prescribed format alongwith the certified documents as per the notification to be placed on the University website. After the CLAT examination, the notification was issued and placed on the website before counselling on 06.10.2020, in which it was provided that Dependants of Defence Personnel (Retired, Killed or disabled in action) of U.P. should produce certificate issued by 'Zila Sainik Kalyan Avam Punarwas Adhikari' in support of their claim for reservation under the said category. In pursuance of the admission notice issued on 06.10.2020, the petitioner had applied but he had not submitted the certificate issued by the Zila Sainik Kalyan Avam Punarwas Adhikari. Therefore her candidature was not considered under the said category.
5. Subsequently, since one seat was left vacant under the category in which the petitioner is claiming therefore another notification was issued on 06.11.2020 and opportunity was afforded to the candidates to apply alongwith the said certificate. The petitioner had not applied even in response to the said notification dated 06.11.2020 alongwith the certificate issued by the competent authority under the category of CDP-UP. The present writ petition has been filed after all the seats have been filled under the quota and no vacant seat is left. Therefore the writ petition is misconceived and liable to be dismissed.
6. Having considered the submission of the parties and going through the record, this Court finds that the petitioner had not submitted the certificate on the prescribed format as per the admission notice. She has also not challenged the said condition. The petitioner has also approached to this Court after all the admissions have been made under the quota in which the petitioner is claiming and as per statement of learned counsel for the opposite party nos. 2 to 4, no seat is left in the said quota. Therefore this Court is of the view that the writ petition is misconceived and lacks merit and no relief can be granted to the petitioner.
7. The writ petition is accordingly dismissed.
.
.............................................(Rajnish Kumar,J.
Order Date :- 6.1.2021 Akanksha
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Title

Swapnila Sharma vs State Of U.P.Thru Prin. Secretary ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
06 January, 2021
Judges
  • Rajnish Kumar