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2025 DAILYLAW 24461 (ALL)

KRISHAN DUTT SHARMA v. STATE OF U.P. AND 4 OTHERS

SPLAD/543/2020 · 2025-05-11

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77259-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 543 of 2020 Appellant :- Krishan Dutt Sharma Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Alok Mishra,Pawan Kumar Shukla Counsel for Respondent :- C.S.C.,M.N. Singh,Nisheeth Yadav Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Learned Single Judge has dismissed appellant's writ petition holding him ineligible for appointment to the post advertised in 2017. The Observation of learned Single Judge reads as under: "As such on the basis of aforesaid clause the candidature of the petitioner has also been rejected. The Court has proceeded to examine the record in question and find that the petitioner has scored higher marks than the cut off marks in the preliminary examination for the post of District Horticulture Officer, Grade-2, D.H.O. Grade-1/Supdt. Govt. Garden and as such he was permitted to appear in the main examination but once it is found that he did not have requisite qualification for the post of District Horticulture Officer, Grade-2, D.H.O. Grade-1/Supdt. Govt. Garden, which is Science Graduate in Horticulture (Ag) or Equivalent Degree in B.Sc. Ag. or Horticulture and he is only having B.Sc. with Zoology, Botany and Chemistry, his candidature for the said post was rejected. It is well settled that the candidate is required to comply with the conditions as given in the advertisement and no deviation from the same is acceptable. In view of above, the Court does not find any good ground to interfere in the matter under Art.226 of the Constitution of India. The writ petition sans merit and is accordingly dismissed. " 2. No illegality is shown in the above observation. Even otherwise, no interference would be warranted in the matter, since recruitment of 2017 has concluded long back. 3. At this late stage, no direction can be issued for consideration of appellant's claim, particularly as none of the selected candidates are otherwise before us. 4. This appeal is, therefore, dismissed. Order Date :- 12.5.2025 K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad