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2025 DAILYLAW 127127 (ALL)

SHILPI v. STATE OF U.P. THRU. SECY. BAL VIKAS AVANM PUSTAHAR GOVT. OF U.P. LKO. AND ANOTHER

WRIA/2622/2025 · 2025-04-11

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20718 Court No. - 18 Case :- WRIT - A No. - 2622 of 2025 Petitioner :- Shilpi Respondent :- State Of U.P. Thru. Secy. Bal Vikas Avanm Pustahar Govt. Of U.P. Lko. And Another Counsel for Petitioner :- Onkar Singh Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. In compliance with the order dated 4.4.2025, respondent no. 2 is present before this Court and has stated that although he sent the instructions via email to the office of the Chief Standing Counsel on the next date i.e., 7.3.2025, however, he could not submit the instructions physically through some pairkar. He submits that he will take care in the future. 3. In view of the above, the appearance of respondent no. 2 is exempted for the next date. 4. Learned Standing Counsel, on the basis of written instructions, which are taken on record, has submitted that the petitioner, Smt. Shilpi, belongs to the OBC category and is a widow. However, while submitting the income certificate, she submitted income certificate of dated 13.2.2023, which was more than six months old prior to the date of the advertisement. The date of the advertisement is 14.3.2024, and due to this, she was not considered under the OBC category as she was treated as an APL (Above Poverty Line) candidate and hence was not given priority in the select list. 5. The income certificate submitted by the petitioner was issued more than six months before the date of the advertisement, and this fact has not been denied by the petitioner. 6. From the perusal of the instructions it appears that as per the eligibility and qualification for selection under the Government Order dated 21.03.2023, Para-3 C and D, the petitioner, Smt. Shilpi, wife of the late Pankaj Kumar, is not in the first priority due to being in the category of a family above the poverty line. 7. The petition, being devoid of merit, is accordingly dismissed. 8. Learned Additional Chief Standing Counsel shall provide the select list to the learned counsel for the petitioner within a period of one week from today. The petitioner is at liberty to challenge the appointment made to the post in question by way of a fresh writ petition. Order Date :- 11.4.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench