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2025 DAILYLAW 193079 (ALL)

AMIT KUMAR SINGH v. THE STATE OF U.P. AND 8 OTHERS

WRIA/15578/2025 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15578 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Rishabh Kesarwani (AoR No.A/R 0711/2021) holding brief of Ms. Atipriya Gautam, learned counsel for the writ petitioner and Sri Gaurav Singh, learned Standing Counsel for the State. 2. The case of the writ petitioner is that a recruitment exercise stood undertaken by the respondents for filling of the post of the Sub-Inspector in Uttar Pradesh Sub-Inspector (Civil Police) and Platoon Commander (PAC) Joint Examination-2011. The case of the writ petitioner is that he being fully qualified and eligible to participated in the said selection process. Physical Standard Test (PST) was conducted on 24.09.2011, Preliminary Written Examination was conducted on 11.12.2011 and PET on 11.02.2013 and written examination on 14.09.2014 and the result was published on 16.03.2015. It is also the case of the writ petitioner that with respect to use of whitener / blade the matter travelled upto Apex Court and thereafter the list was published wherein the name of the writ petitioner was placed at Sl. No.36 respectively. It is also the case of the writ petitioner that in between a criminal case, being Case Crime no. 865 of 2017, under Sections 323, 384 IPC read with Section 13(1-D) and 13(2) of Prevention of Corruption Act stood lodged, pursuant whereto, an order came to be passed on 22.04.2024 acquitting the writ petitioner. 3. The grievance of the writ petitioner is that his candidature is to be considered for appointment on the said post in the light of the judgment in Avtar Singh vs. Union of India, reported in 2016(8) SCC 471. 4. Learned Standing Counsel on the other hand submits that the claim of the writ petitioner needs examination at the first instance by Respondent no.5/ Versus Counsel for Petitioner(s) : Atipriya Gautam, Divya Jyoti, Sr. Advocate Counsel for Respondent(s) : C.S.C. Amit Kumar Singh .....Petitioner(s) The State Of U.P. And 8 Others .....Respondent(s) Deputy Inspector General of Police (Establishment/Karmik), DGP, Headquarters, Police Bhawan, Shaeed Path Signature Building Gomiti Nagar Extension, U.P. Lucknow. 5. Considering the submissions so made across the Bar, the writ petition stands disposed of directing the writ petitioner to prefer a comprehensive representation along with self attested copy of the writ petition and the certified copy of the order before Respondent no.5 by 31.10.2025, who shall on the said motion proceed to consider the claim of the writ petitioner strictly in accordance with law within a period of two months thereafter. October 17, 2025 N.S.Rathour WRIA No. 15578 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad