MOHAMMAD TARIK v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF AYUSH (UNANI) LKO. AND ANOTHER
WRIA/10315/2025 · 2025-09-04
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163518 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163518 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10315 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner, learned State Counsel for opposite party no.1 and Mr. Ravi Shankar Tiwari, learned counsel for opposite party no.2. 2. Petition has been filed challenging the decision dated 25.08.2025 so far as it relates to declaring petitioner ineligible for not producing the E.W.S. Certificate for year 2023-24. Further prayer has been made to treat petitioner under general category and permit him to appear in the interview on 08.09.2025 for purposes of recruitment on the post of Unani Medical Officer in pursuance of advertisement dated 14.06.2023. 3. It has been submitted that in pursuance of aforesaid advertisement, petitioner had applied for same under the E.W.S. Category while uploading the E.W.S. Certificate dated 20.03.2023, which has not been taken into account by the opposite parties on the ground that petitioner was required to submit the E.W.S. Certificate for the financial year 2023-
24. 4. It is submitted that neither in the recruitment rules nor even in the advertisement was any such condition indicated for petitioner to upload the E.W.S. Certificate pertaining to the year 2023-24. It is also submitted that it is not the case of opposite parties that the E.W.S. Certificate submitted by petitioner is a forged document or does not indicate the Versus Counsel for Petitioner(s) : Rajeev Singh, Lalji Gupta, Prashant Kumar Singh Counsel for Respondent(s) : C.S.C., Raj Kumar Upadhyaya (R.K.Upadhyaya) Mohammad Tarik .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Ayush (Unani) Lko. And Another .....Respondent(s)
current financial status of petitioner. 5. Learned counsel for opposite party no.2 has been provided written instructions dated 04.09.2025, a copy of which is taken on record along with a copy of Government Order dated 18.02.2019. It is submitted that it is in terms of the Government Order dated 18.02.2019, particularly paragraph-4 thereof that it is mandatory for an applicant to submit E.W.S. Certificate of one year previous to the year of application. It is submitted that it is in terms of the aforesaid Government Order that the E.W.S. Certificate was being sought from petitioner for financial year 2023-24, which has not been submitted by him. 6.
Upon consideration of submissions advanced by learned counsel for parties and perusal of materiel on record, it is evident that such a condition has been indicated placing reliance on the Government Order dated 18.02.2019. However, the aforesaid aspect is clearly missing in the advertisement with neither the Government Order being referred to nor any such explicit condition being indicated in the advertisement. Although ignorance of law is not to be taken into account but it is impossible for every person to be aware of all the Government Orders which are passed by the State Government. 7. In the considered opinion of this Court, in case the opposite parties were placing reliance on the Government Order dated 18.02.2019, either a reference to the Government Order should have been made in the advertisement or such a condition should have been explicitly indicated therein. In the absence thereof, it is unreasonable for the opposite parties to claim recourse to the Government Order dated 18.02.2019. 8. It is also evident from record and admitted that petitioner has applied under the E.W.S. Category and has also uploaded the E.W.S. Certificate dated 20.03.2023. The said certificate is clearly a recent one and indicates current financial status of petitioner. 9. In view thereof, in the peculiar facts and circumstances of this case, which is not to be treated as a precedent, the opposite parties are directed to permit petitioner to participate in the interview to be held on 08.09.2025 for purposes of recruitment on the post of Unani Medical WRIA No. 10315 of 2025 2
Officer in terms of the advertisement dated 14.06.2023 without insisting on petitioner to produce the E.W.S. Certificate for the year 2023-24 and for that purpose, the certificate dated 20.03.2023 shall be taken into account. 10. Resultantly, the petition succeeds and is allowed at the admission stage itself to the aforesaid extent. Parties to bear their own cost.
September 4, 2025 Satish WRIA No. 10315 of 2025 3 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench