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2025 DAILYLAW 128750 (ALL)

VIVEK SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

CMRA/27/2025 · 2025-07-17

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Court No. - 1 Case :- CIVIL MISC REVIEW APPLICATION No. - 27 of 2025 Applicant :- Vivek Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- In Person Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Following order was passed by this Court on 05.05.2025:- "Shri Nishant Shukla, learned Additional Chief Standing Counsel appearing for the State prays for and is granted ten days further time by way of last opportunity to obtain instructions or file affidavit explaining the reasons under which out of 327 posts, 104 posts were left unfilled in pursuance of the same advertisement in which the petitioner having participated had scored 262.3881 marks out of total 400 marks and secured 65.59% marks. Explanation of such aspect is necessary for the reason that as per clause 4.1 of the advertisement, minimum 40% are required to pass, whereas the petitioner secured 65.59% marks. List the case thereafter." The said order has not been complied with by the State. Keeping in view the fact that the requisite details have not been disclosed before us which have a bearing upon the judgment rendered by us in Special Appeal (Defective) No.638 of 2024. All the relevant aspects of the matter have also remained unconsidered in the impugned judgment/order sought to be reviewed. Grounds urged before us have force. In the facts and circumstances of the case and in view of the glaring error of law, the judgment/order passed by this Court on 12.02.2025 is hereby recalled and the proceedings of Special Appeal (Defective) No.638 of 2024 are hereby re- opened for decision of the intra court appeal on merit. The review application is allowed. . (Subhash Vidyarthi, J.) (Attau Rahman Masoodi, J.) Order Date :- 17.7.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench