Allahabad High Court
Kumari Deepti vs State Of U.P. And 3 Others on 4 January, 2023
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 17259 of 2022 Petitioner :- Kumari Deepti Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Sajivan Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Present petition has been filed for a writ of mandamus directing the respondents to give the benefit of reservation to the petitioner in her respective category i.e. OBC Female and further declared the result in her category and give selection on the post of Sub Inspector (Civil Police).
This Court vide order dated 24.11.2022 has granted time to learned Standing Counsel to seek instruction upon which learned Standing Counsel has produced the instruction dated 9.12.2022, which is taken on record.
Learned Standing Counsel pointed out that as per term of advertisement, OBC candidate belonging to creamy layer is not entitled for the benefit of reservation. For reservation of OBC category, she is required to submit OBC certificate issued between 1st April, 2020 to 30 April, 2021 and due to covid-19, State Government has also extended the date upto 15.6.2021. He also submitted that any OBC certificate issued for the service in Government of India shall not be accepted and in such cases, petitioner shall be treated in open two categories. He firmly submitted that those conditions is very well mentioned in the advertisement itself. He further submitted that so far as case of petitioner is concerned, he has annexed two OBC certificates; first OBC certificate dated 6.3.2021 has been annexed for appointment to the post of Government of India and another OBC certificate dated 8.7.2021 has been annexed, which is beyond the date fixed by the advertisement, therefore, no interference is required and petition is liable to be dismissed.
Learned counsel for the petitioner could not dispute the aforesaid facts.
Therefore under such facts and circumstances of the case, no relief can be granted to the petitioner and writ petition lacks merit and is accordingly, dismissed. No order as to costs.
Order Date :- 4.1.2023 Junaid