Court No. - 34

Case :- WRIT - A No. - 22176 of 2022

Petitioner :- Mohd. Arif And 2 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Jata Shankar

Counsel for Respondent :- C.S.C.,Archana Singh

Hon'ble Saurabh Shyam Shamshery,J.

1. Petitioners before this Court seek benefit of judgment passed

by Division Bench of this Court in Special Appeal Defective

No. 343 of 2021 (Abhishek Srivastava and others vs. State of

U.P. and others), decided on 25.08.2021 (affirmed upto

Supreme Court), however, said judgment put a caveat in

following words:

"The exercise aforesaid would not effect in any manner the selection of

appointments already made. The benefit would be given to the appellants

and the writ petitioners, if they are short of one mark and not otherwise. If

any of the litigant till date are short by two marks in the merit, they would

not be entitled to any benefit of this judgment."

2. Learned counsel for petitioners submit that petitioners have

filed separate representations through speed post, therefore,

they are also entitled for benefit of Abhishek Srivastava (supra).

3. Learned Standing Counsel appearing for State-Respondents,

submits