Court No. - 36

Case :- WRIT - A No. - 13031 of 2022

Petitioner :- Ritambhara

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Rishabh Kumar

Counsel for Respondent :- C.S.C.

Hon'ble Saumitra Dayal Singh,J.

Heard Sri Archit Mandhyan alongwith Sri Rishabh Kumar

learned counsel for the petitioner, Sri Lavlesh Shukla alongwith

Sri Shashi Prakash Rai learned counsel for the University and

the learned Standing Counsel for the State respondents.

Challenge has been raised to the Office Order dated 14.8.2022

issued by the respondent University declaring the result of

successful candidates who have been appointed Assistant

Professor in the subjects English, Commerce, Social Work and

Home Science.

In short, petitioner had applied for appointment on the post of

Assistant Professor English under general category. It is her

case, she had submitted all valid documents and appeared in the

objective test conducted by the University on 16.6.2022.

Though the result of the objective test was declared on the same

day, however the University failed to upload the question paper

together with the model answer key. For that reason the

petitioner was unable to file any objections. This is stated to be

a serious breach of the Order No. E-3019/32-GS/2020 dated

18.5.2021 issued by the Governor. Relevant to the objection

being raised, clause-5 of the Government Order reads as

below:-

"5.Sabhi abhyarthiyon ko domain knowledge (Domain knowledge) ka

aanklan karne ke liye objective type likhit pareeksha li jayegi. Likhit

pareeksha ka aayojan is prakar hona chahiye ki isme poori pardarshita ho

aur pareeksha aayojan ke tatkal baad yathasambhav usi din iska

parinaam ghoshit kiya jaye.Praaptank tatkal prakashit kiya jayega aur

iske sambandh mein bhi aapattiyan aamantrit ki jayegi. Aapattiyan

praapt karne hetu 03 din ka samay diya jayega. Sabhi aapattiyan email ke

madhyam se praapt ki jayegi. Nirdharit awadhi me yadi kisi abhyarthi ki

koi aapatti praapt hoti hai to uska nirakaran karke sanshodhit praaptank

prakashit kiya jayega. Pareeksha aayojit karne ke liye kulpati ke

paryavekshan mein vishvidyalaya ka pareeksha niyantrak uttardayi

hoga."

Referring to clause-6 of the above Order, it has been then

submitted, no final merit list has been prepared and published.

Thus, it is not clear, whether petitioner had scored higher or

lesser marks than the selected candidates.

On the other hand learned counsel for the University would

submit, though the result of the objective test was declared on

16.6.2020, neither any objection nor any communication came

to be made by the petitioner to the University, in that regard.

The petitioner never objected to her result. The objection being

now raised is artificial and in any case grossly belated.

Upon declaration of the result on 16.6.2022, a basic academic

scores (API) were computed. Upon physical verification, it was

found that the petitioner has not been awarded Ph.D. Degree.

Accordingly, her API score was computed by deducting 30

marks. Resultantly, the petitioner did not gain eligibility to be

invited for interview that were held in the month of August

2022. At present, result has been declared and the selected

candidates have joined. In these facts, it has been submitted that

the petitioner having participated in the selection process that

too without any objection, she cannot now be permitted to raise

belated challenge only because she has failed to secure

appointment.

Having heard learned counsel for parties and having perused

the record, inasmuch as the petitioner did not make any demand

to the University to upload or otherwise make available the

question paper and the model answer key soon after the

declaration of the result on 16.6.2022, the petitioner cannot be

permitted to now raise such objection after completion of the

selection process and upon appointment being granted. To that

extent, the challenge rais