Allahabad High Court
Vineet Kumar Singh vs State Of U.P. And 3 Others on 22 October, 2019
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - A No. - 16738 of 2019 Petitioner :- Vineet Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Mishra,Pavan Kumar Counsel for Respondent :- C.S.C.,M.N. Singh Hon'ble Ashwani Kumar Mishra,J.
Petitioner has applied for appointment to the post of Dental Surgeon pursuant to Advertisement No.2/2017-2018. A total number of 595 vacancies have been advertised. According to learned counsel for the petitioner 12 posts would be required to be filled against the reservation to be provided to dependents of freedom fighter. It appears that the recruitment consisted of screening test to be followed with Interview. The petitioner has participated in the screening test but he has not been short listed. A list of 1237 candidates has been published who are to be called for Interview. According to petitioner, only two persons out of 1237 candidates belong to dependents of freedom fighter category, and therefore the post meant for dependents of freedom fighter shall remain unfilled. It is, moreover, submitted that neither any merit list has been declared nor the authorities have informed about the marks scored by petitioner in the screening test.
Sri F.A. Ansari, appearing for the Commission points out that the recruitment process is under progress and at this stage, the cut off marks in the screening test as also the marks scored by the petitioner cannot be disclosed. It is also stated that petitioner's contention that sufficient number of persons have not qualified in the dependents of freedom fighter quota is not required to be examined, nor it would be a relevant consideration, inasmuch as it is only against the available candidates in the respective category that horizontal reservation would have to be provided. It is also submitted that it is not necessary that merit in the screening test be reduced, so as to include more number of candidates from the dependents of freedom fighter category.
Learned counsel for the petitioner places reliance upon a judgment of this Court in Dr. Shiv Vinayak Tripathi Vs. State of U.P. and others, reported in 2016(7) ADJ 87 (DB), wherein a direction has been issued to prepare a merit list category-wise and to call the candidates in order of merit in the ratio of 1:3.
Sri Ansari points out that the Division Bench judgment of this Court in Dr. Shiv Vinayak Tripathi (Supra) has already been challenged before the Apex Court and an interim protection has been granted by the Apex Court staying the Division Bench judgment.
From what has been observed above, it is apparent that recruitment process is in progress and the Interview is scheduled to be conducted between 16th October, 2019 to 25th October, 2019. At this stage of the proceedings, no interference would be required by this Court, nor any direction would be warranted to direct the Commission to disclose the cut off marks in the screening test or the marks that are scored by the petitioner. Sri Ansari otherwise states that after the selection proceedings are concluded that the results would be duly published on the website of the Commission. It is otherwise settled that only out of available candidates who have qualified in the screening test that the quota for horizontal reservation would be required to be filled. The merit of the screening test cannot be directed to be reduced merely to accommodate more number of persons from the category of dependents of freedom fighter. No interference in the writ petition is, therefore, called for.
Writ petition fails, and is dismissed.
Order Date :- 22.10.2019 Anil