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2025 DAILYLAW 130976 (ALL)

SHIVAM MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME AND 2 OTHERS

WRIA/3417/2025 · 2025-04-11

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20717 Court No. - 18 Case :- WRIT - A No. - 3417 of 2025 Petitioner :- Shivam Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And 2 Others Counsel for Petitioner :- P.K. Singh Bisen Counsel for Respondent :- C.S.C. Deepshikha Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the petitioner(s) and Ms. Deepshikha, learned Chief Standing Counsel who has accepted notice on behalf of respondents. 2.By means of this writ petition, the petitioner has prayed for issuance of a writ of mandamus directing respondents to declare result as well as marks of the petitioner for the post of Constable of Civil Police against advertisement dated 23.12.2023 under EWS category with a further prayer to allow the petitioner to participate in the ongoing selection process for the said post. 3.Learned standing counsel on the basis of written instructions which are taken on record submits that by means of this petition, the petitioner has prayed for selection under EWS category on the basis of self assessed marks whereas the final selection result has been declared on the basis of nomalization and as such, the relief claimed by the petitioner cannot be granted. She has also relied on judgment and order dated 18.11.2021 passed by Supreme Court in Civil Appeal No.6860 of 2021 State of U.P. and others versus Pankaj Kumar in which it has been held that a line has to be drawn at some stage as otherwise, the recruitment process undertaken by the competent authorities would be meaningless without a time line and the next recruitment process will also get effected since determination of the number of vacancies for the next process will keep fluctuating. She has also relied on a judgment dated 15.2.2022 of Supreme Court in Shankar Mandal versus State of West Bengal and others Civil Appeal No.1924 of 2010 wherein it has been held that in a recruitment process, a candidate cannot be permitted to approach for redressal, however, may be the genuineness of he grievance, at any stage of time as here has to be a closure to the process of recruitment. It is submitted that the selection result has been declared on 13.3.2025. The select list has been sent to the Director General of Police, U.P. Lucknow who is the head of department and thus, the respondent No.2 has become functus officio. 4.On due consideration to the submission made and the written instructions as well as the judgments referred to above, this Court finds that the selection process has already been completed and the select list has been submitted to the head of department, i.e. the Director General of Police by the Recruitment Board and at this stage, the prayer made by the petitioner cannot be granted. The submission advanced by learned Chief Standing Counsel thus carries force. 5.The petition lacks merit and is accordingly dismissed. Order Date :- 11.4.2025/kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench