Allahabad High Court
Shikhar vs State Of U.P. And 2 Others on 6 August, 2022
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - A No. - 11581 of 2022 Petitioner :- Shikhar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Singh,Kalyan Sundram Srivastava Counsel for Respondent :- C.S.C.,Abhishek Srivastava Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1 and Sri Abhishek Srivastava, learned counsel for respondent nos. 2 and 3.
Learned counsel for the petitioner submitted that pursuant to advertisement No. 1/VSA/2015/UIPADAN, petitioner applied for the post of Technician Grade-2 (Mechanical). Accordingly, he was issued admit card fixing the date of interview i.e. 23.07.2015. He next submitted that on the date of interview, his online computer certificate of "CCC" has not been accepted and directed him to provide hard copy of certificate. Further, he assured that he would be informed about another date of interview, but till date, he has never been called for interview. Hence, the present petition.
Sri Abhishek Srivastava, learned counsel for respondent nos. 2 and 3 submitted that it is admitted position that date of interview was fixed for 23.07.2015 and interview was also taken place on the very same date, but petitioner came before this Court after a delay of 7 years without any proper explanation. Therefore, petition may be dismissed only on the ground of laches alone. He next submitted that on the date of interview, he was not having computer certificate of "CCC" as it was issued on 03.08.2015, which is annexed as Annexure No. 1 to the writ petition. Law is settled on this point that on the date of interview as required all documents has to be produced and in the present case, undisputedly, petitioner could not produced "CCC" certificate. Therefore, petition may also be dismissed on merit.
In rejoinder argument, learned counsel for the petitioner submitted that petitioner has produced soft copy of result, but could not demonstrate which shows that result was declared prior to date of interview i.e. 23.07.2015 and undisputedly, examination of "CCC" was held on 04.07.2015.
I have considered the rival submissions raised by learned counsel for the parties and perused the record. Petitioner from his pleading as well as document annexed, learned counsel for the petitioner could not demonstrate as to whether date of declaration of result is prior to date of interview. Further, petition has been filed with a delay of 7 years for conducting interview for a post for which interview has already been taken place 7 years ago i.e. 23.07.2015. There is no denial of facts as well as proper explanation for delay.
Therefore, under such facts and circumstances, petition lacks merit and liable to be dismissed on the ground of merit as well as laches.
Accordingly, petition is dismissed. No order as to costs.
Order Date :- 6.8.2022 Arvind