Court No. - 36

Case :- WRIT - A No. - 5205 of 2022

Petitioner :- Pinky

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Ajay Kumar Vashistha

Counsel for Respondent :- C.S.C.

Hon'ble Rajiv Joshi,J.

Heard Sri Ajay Kumar Vashistha, learned counsel for the

petitioner and learned Standing counsel for the State-

respondents.

By means of the present writ petition, the petitioner seeks a

direction in the nature of mandamus commanding the

respondent no.2/Additional Secretary (Recruitment), Uttar

Pradesh Police Recruitment and Promotion Bard, Lucknow to

consider the candidature of the petitioner and issue admit card

to the petitioner on behalf of fresh caste certificate for medical

examination before the Medical Board and thereafter appoint

the petitioner on the post of Constable in pursuance of the

Recruitment Examination- 2015 in accordance with law.

Learned counsel for the petitioner submits that the petitioner

had applied for appointment to the post of Constable (Female)

pursuant to the recruitment exercise initiated in the year 2015.

The petitioner belongs to OBC category and her certificate

dated 16.8.2016 had been relied upon. Petitioner has obtained

413.83 marks in the selection which is above the cut off marks

in the respective category is 410.60. Learned counsel for the

petitioner further submits that the petitioner has not been

selected without assigning any reason. Lastly it is submitted

that in this regard she has filed representation on 15.11.2021

before respondent no.2 which remains pending till date.

Learned Standing counsel submits that no useful purpose would

be served to keep the writ petition pending and suitable

direction may be issued by this Court to the authority concerned

for deciding the same in time bound manner.

Prima facie, this Court finds that petitioner has scored marks

above the cut off in the respective category and her OBC

certificate is also of a date as is made permissible in Full Bench

judgment of this Court in Gaurav Sharma Vs. State of U.P.

and Others reported in (FB) 2017 (5) ADJ 494. In such

circumstances, petitioner's claim for appointment was liable to

have been considered.

In the facts and circumstances of the case, direction is issued

upon respondent no.2 to decide the representation of the

petitioner dated 15.11.2021 by speaking and reasoned order in

accordance with law expeditiously, preferably within a period

of two months from the date of production of a certified copy of

this order.

With the above direction, the writ petition stands finally

disposed of. No order as to costs.

Order Date :- 9.5.2022

Akbar

Digitally signed by MOHAMMAD

AKBAR

Date: 2022.05.09 17:22:59 IST

Reason:

Location: High Court of Judicature at

Allahabad