Neutral Citation No. - 2025:AHC-LKO:20419-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 344 of 2021 Appellant :- Vipin Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Lko. And Ors. Counsel for Appellant :- Sridhar Awasthi,Pradeep Tiwari,Preeti Rajput Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Shivam Sharma Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the appellant, Sri Ran Vijay Singh, learned counsel for respondent no.4 and the learned standing counsel for the State. 2. This intra-court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is directed against the judgment and order dated 27.08.2021 passed by the Hon'ble Single Judge in Writ Petition No. 1875 (S/S) of 2021, whereby the writ petition claiming the benefit of selection to the post of Assistant Teacher has been dismissed. 3. On a close scrutiny of the judgment impugned herein, it is gathered that the petitioner, by projecting marks higher than what he actually obtained in the Intermediate examination, had taken undue advantage in the selection process. This controversy went up to the Hon'ble Apex Court and was decided in Writ Petition (Civil) No. 322 of 2021 titled Jyoti Yadav and Another vs. State of Uttar Pradesh and Others, decided on April 8, 2021, and in Writ Petition (Civil) No. 378 of 2021 titled Rahul Kumar vs. State of Uttar Pradesh and Others, decided on June 29, 2021. 4. In light of the judgments passed by the Hon'ble Apex Court in Jyoti Yadav (supra) and Rahul Kumar (supra), a Coordinate Bench of this Court, in Special Appeal Defective No. 302 of 2020, vide order dated April 22, 2022, has also opined that the candidature of candidates, who had projected marks higher than those actually obtained, was liable to be rejected in the selection process. However, the protection was granted only to those who had projected their marks to be less than actual. The distinction drawn by the Hon'ble Apex Court as well as the Coordinate Bench of this Court does not help the case at hand. The judgments of the Hon'ble Apex Court and the Coordinate Bench rather fortify the submissions made by learned counsel for the respondents to the effect that a candidate who had taken undue advantage of the higher marks projected in the details would not be eligible to participate in the selection and his candidature, on finding such a discrepancy, is liable to be rejected. 5. Once the Writ Court, having applied its mind in the right perspective of the law applicable to the facts and circumstances of the case, has dismissed the writ petition by recording detailed reasons, the argument that the appellant, even on the basis of the actual marks obtained by him, would be entitled to the benefit of selection is, in our considered opinion, misconceived, and the prayer for such rectification cannot be entertained after the conclusion of the selection process. 6. The Special Appeal, arising out of the impugned judgment and order dated 27.08.2021, being bereft of merit, is accordingly dismissed. (Ajai Kumar Srivastava-I, J) (Attau Rahman Masoodi, J) Order Date :- 10.4.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench