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2025 DAILYLAW 33695 (ALL)

PAYAL MALIK v. STATE OF UP AND ANOTHER

WRIA/3952/2025 · 2025-03-31

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45069 Court No. - 4 Case :- WRIT - A No. - 3952 of 2025 Petitioner :- Payal Malik Respondent :- State of U.P. and Another Counsel for Petitioner :- Atul Tej Kulshrestha,Vinay Singh Counsel for Respondent :- C.S.C.,Siddharth Singhal Hon'ble Ajit Kumar,J. Heard Sri Atul Tej Kulshrestha, learned counsel for the petitioner and Sri Akhilesh Maurya, learned Advocate holding brief of Sri Siddharth Singhal, learned counsel for the Commission. By means of this petition filed under 226 of the Constitution, petitioner has questioned the selection and final result declared by the respondents in respect of the selection for the post of Gram Vikas Adhikari. It is contended by learned counsel for the petitioner that last female OBC category candidate in horizontal reservation, who has been placed in select list, had scored 199.9930 marks whereas petitioner's candidature has been rejected even though she has also scored 199.993 normalized marks. It is contended that this information given by the Commission itself that showed that the petitioner's normalized marks matched with the last selected candidate. Upon a pointed query being made, Mr. Maurya, learned counsel appearing for the Commission submits that since the two candidates scored the same normalized marks, therefore the candidate who was elder in aga has been selected. According to him, the selected candidate in the horizontal reservation female OBC with normalized marks 199.9930 had the date of birth as 17th June, 1991 whereas the petitioner's date of birth was 5th May, 1996 and, therefore, in view of the tie breaking rule, the candidate who had been elder in age had been placed in the select list. In such above view of the matter, I do not find any force in the petition and the same is, accordingly, dismissed. Consigned to records. Order Date :- 1.4.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad