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2025 DAILYLAW 190822 (ALL)

PRIYA DWIVEDI v. STATE OF U.P. AND ANOTHER

WRIA/14883/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14883 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Jitendra Kumar, learned counsel for the petitioner and Sri S.K. Pal, learned Standing Counsel, who appears for State-respondents as well as Shri Siddharth Singhal, counsel for the respondent no. 2. 2. The case of the writ petitioner is that the second respondent, Uttar Pradesh Subordinate Service Selection Commission, Gomtinagar, Lucknow being advertisement No. 3-Exam/ 2022 Mukhya Sevika Main Examination (PET- 2021/05) for recruitment of 2693 post of Mukhya Sevika. The writ petitioner being fully eligible and qualified in all respects applied in pursuance of the said advertisement under EWS category, the writ examination was conducted on 24.09.2023, a cut off marks category was issued wherein the cut off of marks (normalized score) for EWS category is 52.4525. The petitioner's absolute score is 59.2500. However, the writ petitioner was not accorded appointed. On taking recourse to the provisions of the RTI Act, the writ petitioner was apprised that the EWS certificate of the writ petitioner is dated 19.08.2022 but was issued on 09.09.2022 which is much beyond the specified date 01.04.2022 to 24.08.2022. Submission is that on 19.08.2022, the said certificate was inexistence and it was an official aspect regarding Ministerial Act of the issuance of the certificate. 3. Shri Siddharth Singhal, counsel for the respondent no. 2 submits that as per the provisions contained under Clause 8.3 and incumbent should possess the the certificate. However, he submits that since the claim of the writ petitioner is not decided thus the order would pass considering the claim of the writ petitioner since the writ petitioner present the matter before the Versus Counsel for Petitioner(s) : Jitendra Kumar Counsel for Respondent(s) : C.S.C., Siddharth Singhal Priya Dwivedi .....Petitioner(s) State of U.P. and Another .....Respondent(s) second respondent. 4. At this stage, learned counsel for the writ petitioner submits that there are several posts while vacant against which the writ petitioner can be accommodated. 5. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off granting liberty to the writ petitioner to prefer a comprehensive representation along with the self- attested copy of the writ petition before the second respondent, Secretary, Uttar Pradesh Subordinate Service Selection Commission, Gomtinagar, Lucknow who shall on the receipt of the same by 07.11.2025, proceed to decide the claim of the petitioner strictly in accordance with law within a period of two months from the date of presentation of the certified copy of the order. 6. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. 7. With the aforesaid observation, the writ petition is disposed off. October 13, 2025 A. Prajapati WRIA No. 14883 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad