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2025 DAILYLAW 189204 (ALL)

AKRITI SACHAN v. STATE OF U.P. AND 2 OTHERS

WRIA/14359/2025 · 2025-09-21

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14359 of 2025 Court No. - 32 HON'BLE CHANDRA DHARI SINGH, J. 1. The instant writ petition has been filed seeking the following main prayers:- "i. to issue writ order or direction in the nature of mandamus directing and commanding the respondent no.3 to decide the petitioner's representation dated 8.9.2025 (Annexure No.5 Page Nos.51-52) vide which she has raised her grievance of not being included in the list of qualified candidates despite having marks more than cut off marks. ii. to issue writ order or direction in the nature of mandamus directing and commanding the respondent no.2 to include the name of petitioner in the list of qualified candidates who will face the interview for the post of Assistant Professor Commerce in pursuance of the Advertisement No.51/2022 dated 10.8.2022. 2. Learned counsel appearing on behalf of petitioner submits that the petitioner had obtained more marks than a last selected candidate in the category of backward class in spite of that his name was not reflected in the selected list. He submitted that selection process of Assistant Professor Commerce in aided degree college was being conducted by the Versus Counsel for Petitioner(s) : Arunesh Khare, Gautam Baghel Counsel for Respondent(s) : C.S.C., Gagan Mehta Akriti Sachan .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) U.P. Education Service Selection Commission. The written examination has been conducted and petitioner appeared in the examination in the category of backward class. The result was declared on 4.9.2025 and he was not called for interview in spite of getting more marks than the cut off marks of last candidate who was called for interview. He submits that in view of the facts and circumstances the respondent Commission may be directed to call the petitioner for interview. 3. Per contra learned Standing Counsel and learned counsel appearing on behalf of respondents No. 2 and 3 vehemently opposed the instant petition and submitted that on the written instructions the petitioner has obtained less marks than the last candidate in the same category who was called for the interview, therefore, the petitioner fails to make out a case for invoking inherent jurisdiction of this Court qua issuance of mandamus or direction to the respondent-Commission to call her for interview. He has also placed the written instructions before this Court during the arguments, which has been taken on record. 4. Heard learned counsel appearing on behalf of the petitioner, Sri R.P. Tiwari, learned Standing Counsel and Sri Gagan Mehta, learned counsel appearing on behalf of respondents No.2 and 3 and perused the contents made in the writ petition, written instructions and the documents on record. 5. The relevant portion of written instructions is quoted herein below: "मा० न्यायालय को सादर अवगत कराना है िक याची आकृ ित सचान की सहायक आचायर् वािणज्य की िलिखत परीक्षा का अंक इसी िवषय में अन्य िपछड़ा वगर् मिहला के कटऑफ से कम है, िजस कारण यािचनी को प्रश्नगत िवषय के साक्षात्कार हेतु शाटर्िलस्ट नहीं िकया गया। अतः यािचनी के अनुतोष पोषणीय न होने के कारण यािचका खािरज िकए जाने योग्य है। अतः आपसे अनुरोध है िक उपरोक्त तथ्यों का अवलोकन करते हुये आयोग की तरफ से प्रश्नगत यािचका में मा० उच्च न्यायालय, इलाहाबाद में प्रभावी पैरवी करने का कष्ट करें।" 6. Taking into consideration the aforesaid averments in the instructions after perusal of the said instructions, I do not find any merit in this writ petition. 7. In the light of the averments made in the petition and no objection from WRIA No. 14359 of 2025 2 the other side the instant writ petition is accordingly, dismissed. September 22, 2025 Md Faisal WRIA No. 14359 of 2025 3 (Chandra Dhari Singh,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad