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Neutral Citation No. - 2025:AHC:55484 Court No. - 4 Case :- WRIT - A No. - 4800 of 2025 Petitioner :- Km. Rajni Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Mishra,Rishabh Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri Rishabh Tiwari, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has questioned Clause 9 of the advertisement dated 24.10.2024 which requires a candidate to posses the income certificate on the date of the advertisement and not of the prior six months. 3. Two fold arguments have been advanced. firstly the income certificate which is issued by the Revenue Authority is valid for a period of three years and hence such an income certificate should hold a field for a period of next three years may be the advertisement falls in between the period of three years and secondly the Government Order that has been issued pursuant to which a condition has been prescribed under the advertisement is not being uniformly followed in the entire State of Uttar Pradesh as in some of the districts clause no. 9 under the advertisement has not been prescribed for. 4. Per contra, it is argued by learned Standing Counsel that the controversy is no more res integra as in identical set of facts a petition being Writ A No. 2641 of 2025 has already been dismissed by this Court vide order dated 08.04.2025. It is also submitted by learned Standing Counsel that Article 14 cannot be applied for a negative parity that if
circular letter is not being followed in some of the districts and as such or some illegalities or irregularities is permitted in some of the districts, petitioner should also get benefit of such irregularities in his district also. 5. Having heard learned counsel for the respective parties and having perused the records in my considered view once the Government has prescribed a particular time scale for providing income certificate, in the absence of challenge to such Government order or circular issued by the Government, the condition so prescribed under the advertisement cannot be questioned.
I also find merit in the submission advanced by learned Additional Chief Standing Counsel that Article 14 cannot be applied in a negative sense that if the circular is not being followed in other districts, petitioner should also get benefit of non compliance of the circular in his district as well. 6. I also notice that in identical set of facts a writ petition being Writ A No. 2641 of 2025 has come to be dismissed by this Court vide order dated
04.02.2025. 7. In view of the above, I do not find merit in the petition. Petition fails and is accordingly, dismissed. Order Date :- 16.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad