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2025 DAILYLAW 108404 (ALL)

SHIVAM PANDEY v. State of UP AND 3 OTHERS

SPLA/1049/2024 · 2025-04-27

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

Writ Petition (Civil)body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65459-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 1049 of 2024 Appellant :- Shivam Pandey Respondent :- State Of Up And 3 Others Counsel for Appellant :- Amish Kumar Srivastava,Vipul Kumar Shukla Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Learned Single Judge has rejected the appellant's writ petition by passing the following order : "The petitioner has made a representation on 03.09.2024 for corrections in his application form. The selections concluded in the year 2021. It is also submitted that the petition is barred by delay and laches. The Court finds that there is no satisfactory cause in the petition for approaching this Court. The writ petition is dismissed on the footing of delay and laches." 2. Undisputedly, the recruitment was advertised in the year 2018. The written examination was conducted in January, 2019. In the written examination, the appellant has filled his high school's marks as 476 in place of 456. His claim has admittedly been non-suited on account of wrong disclosure of information. The issue of the present kind otherwise was the subject matter of challenge before the Hon'ble the Supreme Court in Writ Petition (Civil) No. 322 of 2021 (Jyoti Yadav and another vs. State of U.P. and others) decided on 8.4.2021. Hon'ble the Supreme Court, after noticing the facts of the aforesaid case, clearly disentitled such persons who disclosed higher marks than what they had secured in the examination and had availed the benefit of such incorrect information. Similar petitions filed before this Court have also been dismissed. Our attention has been invited to the judgment of co-ordinate Bench in Special Appeal Defective No. 432 of 2022 (Nidhi Gangwar vs. State of UP and others) decided on 5.3.2024. 3. We are, therefore, in respectful agreement with the view taken by the learned Single Judge inasmuch as the selection proceedings having been concluded long back, interference in the matter would be impermissible. Even otherwise, the claim of the appellant is squarely covered by the adjudication of the coordinate Bench in Nidhi Gangwar (Supra) wherein reliance is placed upon the decision of Hon'ble the Supreme Court in Jyoti Yadav (Supra). 4. Accordingly, this appeal fails and is dismissed. Order Date :- 28.4.2025/DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad