Allahabad High Court
State Of U.P. And 2 Others vs Himanshu Yadav on 18 December, 2020
Bench: Govind Mathur, Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 1239 of 2020 Appellant :- State Of U.P. And 2 Others Respondent :- Himanshu Yadav Counsel for Appellant :- Anand Kumar Ray Counsel for Respondent :- Jeet Bahadur Singh Hon'ble Govind Mathur,Chief Justice Hon'ble Piyush Agrawal,J.
An application is preferred to have exemption from filing the certified copy of the order dated 9th June, 2020 passed by learned Single Bench which is under challenge in the instant appeal. For the reasons mentioned in the application, the application is allowed. The appellant is exempted from filing certified copy of the order dated 9th June, 2020 passed by learned Single Bench.
This appeal is before us to examine correctness of the judgment dated 9th June, 2020 passed in Writ-A No. 4090 of 2020. By the order aforesaid, learned Single Bench while disposing of the writ petition directed the respondents to consider case of the respondent-petitioner for appointment to the post of Constable as a person belonging to Other Backward Class.
In brief, factual matrix of the case is that the respondents invited applications from suitable candidates to be considered for appointment as Constable in Uttar Pradesh Police. The last date for submitting application forms was 8th December, 2018. In the advertisement inviting applications, it was made clear that the incumbents claiming consideration against the vacancies reserved for Other Backward Class, must submit a Caste/Class certificate issued by the authority competent subsequent to 1st April, 2018 but prior to the last date for submitting the application forms i.e. 8th December, 2018. The respondent-petitioner submitted three certificates and those were dated 5th February, 2018, 29th March, 2016 and 15th December, 2018 which was not as per the instructions given in the advertisement inviting applications. The respondent-petitioner, however, was permitted to face the process of selection and was allowed to participate in the physical test also. At this stage while verifying the documents, noticing the fact that Other Backward Class certificates submitted by the respondent-petitioner were not issued within the dates prescribed, his candidature was cancelled. Aggrieved by the same, the respondent-petitioner preferred a petition for writ that came to be decided on 9th June, 2020 with a direction to consider candidature of the respondent-petitioner for appointment as Constable by treating him as a member of Other Backward Class.
In appeal, the argument advanced by learned Standing Counsel is that the Single Bench failed to appreciate that the certificates submitted by the respondent-petitioner were not in terms of the advertisement inviting applications from the eligible candidates to be considered for appointment and natural consequence of that was nothing but rejection of candidature of the respondent-petitioner from consideration.
Heard learned counsel for the appellants.
It is not in dispute that as per the advertisement the Other Backward Class certificate should have been issued by the authority competent within the period from 1st April, 2018 to 8th December, 2018, but the admitted fact is that the respondent-petitioner was allowed to participate in the process of selection after qualifying the written test. It is only at the last leg his candidature was rejected while examining the testimonials submitted. It is also not in dispute that the documents were examined physically by the authorities concerned. The appellants-respondents once permitted the respondent-petitioner to participate in the written test and when they have examined the testimonials physically, no adverse effect was going to be caused to the process of selection by accepting the certificates submitted by the respondent-petitioner. It is not the case of the appellants-respondents that the respondent-petitioner is not a member of Other Backward Class or the certificate issued subsequent to 8th December, 2018 was going to cause any hardship or was causing disturbance to the process of selection. Learned Single Bench exercised its jurisdiction by taking into consideration all the circumstances and with a view to balance the equity, as such the judgment, in the circumstances noticed above, does not warrant any interference in the appellate jurisdiction. The appeal hence is dismissed.
Order Date :- 18.12.2020 VMA (Piyush Agrawal, J.) (Govind Mathur, C.J.)