Advocates:
['SAURABH BASU', 'C S C', '', 'M N SINGH']

Court No. - 53

Case :- WRIT - A No. - 16274 of 2019

Petitioner :- Rajesh Nath Tiwari And 4 Others

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

Counsel for Petitioner :- Saurabh Basu

Counsel for Respondent :- C.S.C.,M.N. Singh

Hon'ble Jayant Banerji,J.

Heard Shri Saurabh Basu, learned counsel for the petitioners

and Shri M.N. Singh, learned counsel appearing for the

respondent no.2, who has submitted his instructions today.

This writ petition has been filed with the following prayers:-

"(i) Issue a writ, order or direction in the nature of CERTIORARI and

quash the impugned select list dated 05.10.2019 passed by the U.P. Public

Service Commission, Allahabad.

(ii) Issue a writ, order or direction in the nature of MANDAMUS directing

the respondents to prepare a fresh list of selected candidates as per the pre-

examination result dated 30.03.2019.

(iii) Issue a writ, order or direction in the nature of MANDAMUS

directing the respondents not to conduct the examination of the PCS

Mains- 2018 till the revised select list is not prepared by the U.P. Public

Service Commission, Allahabad.

(iv) Issue such other and further writ, order or direction which this Hon'ble

Court may deem fit and proper under the circumstances of the case; so that

justice may be done.

(v) Award cost of the writ petition throughout to the petitioner as against

the respondents."

The contention of the learned counsel for the petitioners is that

the petitioners were candidates for the post of Combined Upper

Subordinate Services for which examination was conducted

pursuant to an advertisement dated 6 July 2018 that has been

enclosed as Annexure-1 to the writ petition. It is stated that the

result of the pre-examination was thereafter declared on 30

March 2019 and the cut off marks of the last selected candidates

were 126 but the petitioners had obtained 125 marks and,

therefore, they were not included in the select list. It is further

stated that in the case of Khusbhu Bansal vs. State of U.P. &

Ors., which writ petition (Service Single No.23305 of 2019)

was allowed by the Lucknow Bench of this Court on 30

September 2019, the respondents were directed to prepare a

fresh select list with regard to the selected women candidates as

per the judgment and order dated 16 January 2019 passed by

this Court in the case of Vipin Kumar Maurya & Ors. vs.

State of U.P. & Ors. (Writ-A No.11039 of 2018). It is stated

that the respondent no.2 has merely prepared a list of women

candidates of outside the State of U.P. without taking into

consideration the other general candidates who had to be

included in the fresh list. It is the contention of the learned

counsel for the petitioners that had such an exercise been done

of including of general candidates in the select list, the cut off

marks would have been come down and the petitioners would

also have been eligible to appear in the main examination. It is

contended that in case, the additional list is allowed to stand, it

would deprive the petitioners to appear in the main

examinations as the entire list was required to be prepared by

the respondent no.2 and that they have hurried to the matter.

As evident from the instructions received from the respondent

no.2 and the contention of Shri M.N. Singh, learned counsel

appearing for the respondent no.2, the petitioners are male

candidates and have admittedly not attained the minimum cut

off marks of 126 which all candidates appearing in the main

examination have attained. The instructions also include an

advertisement dated 5 October 2019, that has also been

enclosed by the petitioners as Annexure-4 to the writ petition, in

which it has been stated that in the result declared on 30 March

2019, the cut off marks were mentioned for each group of

female candidates of the State of U.P., and if that cut off marks

have been obtained by female candidates of outside the State of

U.P., such female candidates are being d