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[Cites 1, Cited by 35]

Allahabad High Court

Ramesh Kumar Singh vs State Of U.P. And 2 Others on 8 January, 2021

Author: Yashwant Varma

Bench: Yashwant Varma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- WRIT - A No. - 13601 of 2020
 

 
Petitioner :- Ramesh Kumar Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shailesh Pandey
 
Counsel for Respondent :- C.S.C.,M.N. Singh
 

 
Hon'ble Yashwant Varma,J.
 

Heard learned counsel for the petitioner, Sri Avnish Tripathi, learned counsel for the Commission and the learned Standing Counsel.

Dealing with the issue of the right to rectify recitals made in online application forms for the recruitment exercise in question, this Court in Pawan Kumar And 26 Others v. State of U.P. and 2 Others [Writ A No. 11079 of 2020 decided on 14.12.2020] held thus:-

"On an overall conspectus of the aforesaid discussion the Court comes to the following conclusions. A permission to rectify and amend entries made in the online applications would be clearly impermissible in light of the caveats carried in the advertisements and notices issued by the respondents as well as the declarations made by the candidates themselves while participating in the recruitment process. It would not only be iniquitous but also detrimental to public interest to command the respondents to permit rectifications at the fag end of a recruitment exercise which commenced in December 2018. The stipulations contained in the advertisements and notices issued were never assailed by the petitioners prior to participating in the recruitment process. It would be unfair not just to the respondents but to the other selected candidates to now accord them such permission which would necessarily result in the selection process being stalled and derailed. This Court as well as the Supreme Court has consistently taken the view that such a course being tread would be wholly unfair and unwarranted. The Court repels the challenge to the Government Order of 4 December 2020 being contrary to the mandate of Rule 14. It also negatives its challenge on the ground of being discriminatory or unfair.
These petitions shall consequently stand disposed of with liberty to the State respondents to evaluate the case of each of the petitioners before this Court in light of the Government Order dated 4 December 2020. "

In view of the aforesaid, the Court finds no ground to issue the writs as prayed for. This petition is dismissed.

Order Date :- 8.1.2021/Vivek Kr.