Allahabad High Court
Sudhir Kumar vs State Of U.P. And 5 Others on 23 November, 2022
Author: Jayant Banerji
Bench: Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- WRIT - A No. - 18308 of 2022 Petitioner :- Sudhir Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Atipriya Gautam,Rishabh Kesarwani,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J.
1. Heard Shri Vijay Gautam, learned Senior Advocate assisted by Ms. Atipriya Gautam, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
2. This writ petition has been filed with the following prayers:-
"a) Issue a writ, order or direction, in the nature of mandamus, directing the respondent authorities, to select & appoint the petitioner on the post of Sub-Inspector Civil Police in place of Platoon Commander PAC for the recruitment of Sub-Inspector in Civil Police (Male/Female), Platoon Commander, PAC & Fire Station Second Officer Direct Recruitment-2020-21, pursuant to the advertisement dated 24.02.2021 & in pursuance of the merit list, issued vide Notification dated 12.06.2022.
b) Issue a writ, order or direction, in the nature of mandamus, directing the respondent authorities, to appoint the petitioner on the post of Sub-Inspector Civil Police in place of Platoon Commander PAC for the recruitment of Sub-Inspector in Civil Police (Male/Female), Platoon Commander, PAC & Fire Station Second Officer Direct Recruitment-2020-21, pursuant to the advertisement dated 24.02.2021 and select & appoint him finally for the said post, in pursuance of the merit list, issued vide Notification dated 12.06.2022."
3. The contention of learned counsel for the petitioner is that in terms of clause 1.4 of the advertisement of February 2021 in respect of direct recruitment for the post of Sub-Inspectors in Civil Police, Platoon Commander PAC and Fire Station Second Officer, candidates were to be selected on the basis of normalised marks obtained by them in the written examination and on their preference mentioned in the application form. The learned counsel has referred to the application form of the petitioner in which his preference of Civil Police is given at serial no.1 and Platoon Commander PAC at serial no.2. It is contended that the cut-off marks for open category candidates was 316.1179012 and, in the merit list dated 12.06.2022, though the petitioner secured 316.1306857 normalised marks, he has been selected for the post of Platoon Commander PAC under the general male category. It is contended that given his preference for Civil Police, he ought to have been selected for civil police and not for Platoon Commander PAC.
4. With respect to his grievance, the petitioner has filed a representation dated 17.09.2022 before the Chairman/Secretary, U.P. Police Recruitment & Promotional Board, Lucknow (respondent no.2), which is yet to be decided.
5. Learned Standing Counsel states that the respondent no.2 shall take a decision on the representation filed by the petitioner expeditiously.
6. Accordingly, without expressing any opinion on the merits of the case, this writ petition is disposed of with a direction to respondent no.2 to take a decision on the representation dated 17.09.2022 filed by the petitioner expeditiously and preferably within a period of eight weeks from the date of filing before him an attested copy of this order as well as a photocopy of the representation dated 17.09.2022.
Order Date :- 23.11.2022 SK (Jayant Banerji, J.)