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2022 Supreme(All) 758
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN, J.
Aditya Pandey - Petitioner
Versus
State of U.P. and Others - Respondents
Writ - A No. 17452 of 2021
Decided On : 24-05-2022
For the Petitioner: Dharmendra Kumar Pandey.
For the Respondent: C.S.C.
Headnote:
Constitution of India, 1950 - Article 16 - Compensation – Examination - Service agency - Petitioner applied for post of Sub-Inspector in Uttar Pradesh Police/Plantoon Commander P.A.C./Fire Branch pursuant to notification/amendment notification - Respondent no.2 issued schedule for taking primary examination - exams were scheduled to be held for a period in three shifts, thought that he would move an application - Requesting to reschedule his examination between that period - application on the website of respondent no.2 along with his medical papers with request to reschedule his exam on any other date - Petitioner did not get any response, he moved a representation through registered post, requesting that respondents to conduct his online written examination but nothing was done present writ petition has been filed.
Finding of the Court: Examination clashed with examinations of T.E.T. was rescheduled/changed only, that too, on prior information given by them to the Board, so that service agency could be able to make necessary arrangement for online written examination on said changed date - He has also brought on record the fact that U.P.S.C. had also changed date of provisional education (Teaching Service Examination) 2021 which was scheduled taking into account examination - examination pursuant to the same advertisement due to illness - He approached before Lucknow Bench of this Court - Court is of the opinion that there is no provision of rescheduling examination on ground of individual difficulty and certain candidates have been permitted to appear in the examination on another date as date of present examination clashed with some other examination.
Result: Petition dismissed.
JUDGMENT :
Civil Misc. Amendment Application No.3 of 2022.
1. Learned counsel for the petitioner filed the amendment application to add prayer No. (ii-A) and (ii-B) in the prayer clause.
2. As no objection has been raised by learned counsel for the respondents, this amendment application is allowed.
3. Learned counsel for the petitioner is permitted to incorporate the necessary amendment in the body of the petition within three days.
Order on Petition
1. Heard Mr. Dharmendra Kumar Pandey, learned counsel for the petitioner, Mr. Manish Goel, learned Additional Advocate General assisted by Mr. Vikram Bahadur Yadav, learned Standing Counsel for the State-respondents.
2. Initially, the instant petition has been filed by the petitioner with the following prayer:-
"(i) a writ, order or direction, in the nature of mandamus commanding the respondents no.2 and 3 to permit the petitioner to appear in preliminary examination for the post of Sub-Inspector in Uttar Pradesh Police/Plantoon Commander P.A.C./Fire Branch (2020-21) between the dates 30.11.2021 to 03.11.2021 at any examination center of Prayagraj by making alternative arrangement for the same.
(ii) a writ, order or direction, in the nature of mandamus commanding the respondents no.2 and 3 to take necessary action for the post of Sub-Inspector in Uttar Pradesh Police/Plantoon Commander PAC/Fire Branch (2021-21) after issuance of admit card for the same by making alternative arrangement."
3. Subsequently, by means of an amendment application, which has been allowed by this Court today itself, petitioner has prayed for following relief:-
"(ii-A) A writ of certiorari to call for entire records of those candidates whose exam date has admittedly been rescheduled/shifted and quash their result of online written exam conducted by respondent no.2 in furtherance of their notification dated 25.02.2021 amended notification dated 15.06.2021 and notification dated 01.11.2021.
(ii-B) A writ, order or direction in the nature of mandamus commanding the respondent no.2 to pay compensation amount of Rs.10 Lacks to petitioner for violating his right of equality provided under Article 16 of Constitution of India (and equal treatment) to appear in online written exam (of U.P. Police Sub-Inspector/Plantoon Commander PAC/Fire Branch) after rescheduled the date like other candidates whose exams date has admittedly been rescheduled."
4. Brief facts of the case are that the petitioner applied for the post of Sub-Inspector in Uttar Pradesh Police/Plantoon Commander P.A.C./Fire Branch (2020-21), pursuant to the notification/amendment notification dated 25.02.2021/15.06.2021. The respondent no.2 issued the schedule for taking primary examination, vide letter dated 01.11.2021 which was to be held between 12.11.2021 to 02.12.2021.
5. As per the instructions given in the notification dated 01.11.2021, petitioner downloaded his admit card, in which the examination date was fixed on 22.11.2021.
6. Learned counsel for the petitioner submits that petitioner fell ill due to typhoid on 19.11.2021. The petitioner being under the impression that he would be in a position to attend the exams scheduled to be held on 22.11.2021 but after his treatment he was not in position to attend the exams on 22.11.2021, as also that the exams were scheduled to be held for a period from 12.11.2021 to 02.12.2021 in three shifts, thought that he would move an application, requesting to reschedule his examination between that period. The petitioner on the same date i.e. 22.11.2021 send online application on the website of respondent no.2 along with his medical papers with the request to reschedule his exam on any other date on or before 02.12.2021. The respondent no.2 did not pay any attention on the aforesaid application and when the petitioner did not get any response, he moved a representation dated 27.11.2021 through registered post, requesting that the respondents to conduct his online written examination but nothing was done, therefore, the prese
