Court No. - 34

Case :- WRIT - A No. - 19497 of 2022

Petitioner :- Rajat Saxena

Respondent :- The State Of U P And 2 Others

Counsel for Petitioner :- Javed Raza

Counsel for Respondent :- C.S.C

Hon'ble Saurabh Shyam Shamshery,J.

1. Petitioner before this Court seeks 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 04.05.2020 by way of E-mail, therefore, he is also entitled

for benefit of Abhishek Srivastava (supra).

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

benefit of Abhishek