Neutral Citation No. - 2025:AHC:77785-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 333 of 2025 Appellant :- State Of Up And 4 Others Respondent :- Shailendra Kumar Counsel for Appellant :- Kunal Ravi Singh,Tej Bhanu Pandey Counsel for Respondent :- Durvesh Kumar Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. (Order on Delay Condonation Application) Heard. Cause shown for the delay in filing the special appeal is to the satisfaction of the Court. The delay in filing of the special appeal is condoned. The delay condonation application is, accordingly, allowed. (Order on Special Appeal) The controversy raised in the present matter is already adjudicated against the State in Special Appeal (Defective) No. 914 of 2023 which is dismissed on 12.03.2024 vide following orders:- "1. Learned Single Judge has relied upon a judgment of co-ordinate Bench in Writ- A No. 4689 of 2022, decided on 09.09.2022, against which special appeal filed, has also been dismissed being State of U.P. and others versus Rinki Yadav. The Special Leave to Appeal (C) No. 2840 of 2023 filed by the State of Uttar Pradesh has also been dismissed by the Supreme Court on 13.02.2023. It is undisputed that facts of the present case are identical to that of the case of Rinki Yadav (supra). 2. Admittedly, the respondent-petitioner was working as a constable in U.P. Police after having secured selection as an O.B.C. candidate. He was also selected for appointment to the post of Sub Inspector. His consideration as O.B.C candidate has been denied only on the ground that the caste certificate issued by the competent authority was for employment in Central Government and not for employment before the State of U.P. In the case of Rinki Yadav (supra), this Court had taken the view that the O.B.C. status of the candidate once was admitted to the State and a valid certificate otherwise existed, there was no occasion to deny consideration to the claim of the appellant for appointment. The facts are identical in the present case also. Since learned Single Judge has followed the judgment of the Division Bench against which the appeal has also been dismissed by the Supreme Court, we find no good ground to interfere with the judgment of the learned Single Judge. The special appeal consequently fails and is dismissed." The controversy being identical this special appeal also fails and is dismissed. Order Date :- 13.5.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad