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2025 DAILYLAW 134631 (ALL)

GUDIYA DEVI v. DIRECTOR, BAL VIKAS EVAM PUSHTAHAR, U.P., LUCKNOW AND 3 OTHERS

WRIA/4168/2025 · 2025-04-17

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21713 Court No. - 18 Case :- WRIT - A No. - 4168 of 2025 Petitioner :- Gudiya Devi Respondent :- Director, Bal Vikas Evam Pushtahar, U.P., Lucknow And 3 Others Counsel for Petitioner :- Rishi Kumar Tripathi,Jitendra Kumar Upadhyaya,Laxman Singh,Manish Barnwal Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. 1. The written instructions provided by learned Standing Counsel is taken on record. 2. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 3. By this petition, the petitioner has prayed for the following relief:- "Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties to include the candidature of the petitioner in the process of selection, in the interest of justice." 4. Learned Standing Counsel on the basis of written instructions submits that income certificate of the petitioner has been issued more than six months prior to the date of advertisement. He submits that date of advertisement is 18.12.2024 whereas the income certificate of the petitioner has been issued on 21.03.2024. 5. It is further submitted by learned Standing Counsel that in view of the Government Order dated 21.03.2023, the income certificate ought to have been issued within six months from the date of advertisement. Since the petitioner did not fulfill this criteria therefore, she has not been selected. 6. On the contrary, learned counsel for the petitioner submits that the income certificate contained Annexure no.3 has been issued on 21.03.2024 and this income certificate is valid for a period of three years. 7. Perused the record. 8. A perusal of the record so also the Government Order dated 21.03.2023 shows that the income certificate issued by the Tehsildar should have been issued within six months from the date of advertisement however, the income certificate of the petitioner is beyond six months period from the date of advertisement which is not admissible. The selection process and the advertisement have been conducted in terms of the Government Order dated 21.03.2023 which formulates the policy and provides the procedure for selection/giving priority thus, since the petitioner does not fulfill the criteria as required in the Government Order as her income certificate has been issued more than six months prior to the date of advertisement therefore, she has not been selected. There appears to be no illegality in not selecting the petitioner, accordingly, the writ petition lacks merit and is hereby dismissed. Order Date :- 17.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench