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2025 DAILYLAW 202888 (ALL)

DEVENDRA MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

WRIA/12586/2025 · 2025-10-28

Manish Mathur

body2025

Judgment text

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for HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12586 of 2025 1. Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 25.08.2025 whereby petitioner's representation in terms of directions issued by this Court dated 15.07.2025 in WRIT - A No. - 6581 of 2025 has been rejected. Further prayer has been sought for a direction to opposite parties to re-examine the result of petitioner and for sending him for training on the post of Constable Civil Police in pursuance of advertisement dated 23.12.2023. 3. From the record it transpires that earlier petitioner had filed WRIT - A No. - 6581 of 2025 and in order dated 15.07.2025, it was noticed that petitioner has secured lesser marks of 206.63832 than cut off marks of 209.26396 for the said post. The order also indicates that in view of said fact, there did not appear any occasion to grant indulgence. 4. Learned counsel for petitioner submits that petitioner's candidature has been wrongly rejected in view of fact that the answer key pertaining to two questions being question nos.8 and 101 with regard to booklet-series which was provided to petitioner was incorrect. 5. Learned State Counsel has refuted the submissions advanced by learned counsel for petitioner with submission that once Versus Counsel for Petitioner(s) : Manvendra Pratap Singh, Ashish Kumar Pandey Counsel for Respondent(s) : C.S.C. Devendra Mishra .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Respondent(s) petitioner's earlier writ petition has already been virtually dismissed, there is no occasion to entertain the second writ petition on the same aspects. It is also submitted that even otherwise, there is no prayer with regard to correction of the answer key. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, the facts as admitted have already been indicated herein above. 7. It is also pertinent that although learned counsel has advanced arguments with regard to correctness or otherwise of question nos.8 and 101 of the booklet-series in question, there is no challenge to answer key. Even otherwise, in the considered opinion of this Court, once the answer-key had been published or circulated, it was open to petitioner to challenge the same at the relevant time and not after selection process has already been completed in which petitioner admittedly participated. 8. In view thereof, petitioner is clearly barred in terms of estoppel to raise plea against answer key at this stage. 9. In view thereof, the petition fails and is dismissed at the admission stage itself. Parties to bear their own costs. October 28, 2025 kvg/- WRIA No. 12586 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench