Court No. - 34

Case :- WRIT - A No. - 1472 of 2023

Petitioner :- Deepika Mishra

Respondent :- State Of U P And 2 Others

Counsel for Petitioner :- Krishna Kumar Mishra

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

Hon'ble Saurabh Shyam Shamshery,J.

1. Petitioner before this Court is seeking 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 petitioner submits that petitioner has filed a representation

dated 09.01.2023, therefore, she is also entitled for benefit of Abhishek Srivastava

(supra).

3. Learned Standing Counsel appearing for State-Respondents, submits that benefi