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2025 DAILYLAW 203785 (ALL)

SHIV BABU MISHRA (CONSTABLE DRIVER , PNO-030680164) AND 80 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. OF HOME AND CONFIDENTIAL LKO. AND 3 OTHERS

WRIA/12588/2025 · 2025-10-28

Manish Mathur

Civil Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12588 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel counsel for petitioners and learned State Counsel for opposite parties. 2. Petition has been filed challenging Departmental Examination held on 05.10.2025 for promotion from the post of Constable Driver to Head Constable Motor Transport. Further prayer for a direction to opposite parties to conduct a fresh examination under strict supervision and for enquiry pertaining to allegation of mass cheating through electronic devices has also been made. 3. Learned counsel for petitioners submits that in the aforesaid examination mass scale cheating through electronic devices took place which could be evident from CCTV footage of all examination halls. He has specifically adverted to para - 4 of the writ petition to indicate that mobile phones were heavily used in Room Nos.A-24 (Atal Block), B-10 (K.K.Saxena Block) and A-35 (K.K.Saxena Block). It is also submitted that major newspapers of the State reported the incident of mass cheating. He has placed reliance on judgment rendered by Hon'ble Supreme Court in the case of Sachin Kumar & others v. Delhi Subordinate Service Selection Board (DSSSB) & others, Civil Appeal Nos.639-640 of 2021 to buttress his submissions. 4. Learned State Counsel has been provided written instructions dated 23.10.2025, a copy of which is taken on record and submits that 176 Versus Counsel for Petitioner(s) : Manish Misra, Dileep Pandey, Gaurav Upadhyay Counsel for Respondent(s) : C.S.C. Shiv Babu Mishra (Constable Driver , Pno- 030680164) And 80 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home And Confidential Lko. And 3 Others .....Respondent(s) vacancies were advertised in which 3,950 personnel participated. Instructions indicate that two candidates were seen in CCTV footage using their mobile phones. The said two persons were immediately debarred and departmental proceedings would be initiated against them. Instructions also indicate that apart from aforesaid two persons, no other unauthorized device was found with any of the other candidates. 5. It is evident from a perusal of writ petition and contents thereof, that at this stage, only allegations of mass cheating have been levelled by petitioners with regard to aforesaid examination. However, in case there is even an iota of truth in the allegations levelled by petitioners, it could be a serious matter particularly since candidates of impeccable character are required to be recruited on the post of Constables. Instructions clearly indicate the aspect that entire examination was monitored by CCTV footage. 6. In such circumstances, opposite party No.2, Director General of Police/Chairman of UPPRPB, Tulsi Ganga Complex, 19-C, Vidhansabha Marg, Lucknow is directed to consider grievance of petitioners and decide the same in light of any evidence which is produced by petitioners as also with regard to any evidence available with opposite parties themselves including CCTV footage. 7. After examination of aforesaid evidences, opposite party No.2 shall pass appropriate orders on the representation submitted by petitioners alongwith certified copy of this order and decision with regard to same shall be taken within a period of two weeks from the date of certified copy of this order is served upon opposite party No.2. 8. Considering said facts as also enunciated by Supreme Court in the case of Sachin Kumar and others (supra), it is directed that orders pertaining to representation of petitioners shall be passed prior to declaration of result of the examination held on 05.10.2025. 9. With the aforesaid direction(s), petition stands disposed of. October 28, 2025 lakshman WRIA No. 12588 of 2025 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench