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Court No. - 4 Case :- WRIT - A No. - 6987 of 2025 Petitioner :- Ankit Sharma Respondent :- The State Of U.P. And 5 Others Counsel for Petitioner :- Gyan Chandra Shukla,Mohammad Fahad Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri Devesh Mishra, learned Advocate holding brief of Sri Gyan Chandra Shukla, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has prayed for a relief in the nature of writ of mandamus to command the respondents to treat the petitioner under EWS category candidate in U.P. Police Constable Recruitment, 2023. 3. It is contended by learned counsel for the petitioner that even though the petitioner due to mistake could not fill up the category of EWS in the original application form and accordingly, was not issued with an admit card in the said category but at the time of document verification he had pleaded that he belonged to EWS category and accordingly, his document verification was done taking into notice the EWS certificate and even physical standard test was held and consequently the physical efficiency test was also held. When the final examination result was declared his name did not figure in the select list in the category of EWS. It is contended that the petitioner has scored marks more than last cut off in EWS category and hence, once the petitioner at the time of document verification was allowed as EWS category candidate to get his document verified, he ought to have been placed in the select list as well. 4. Per contra, it is submitted by learned Standing Counsel that when the application form itself was
filled up by the petitioner in the general category without filing any document in any of the categories in vertical reservation as well as horizontal reservation and admit card had also been issued in general category and he participated in the written test held, and therefore, he cannot now be permitted to turn around to take a plea that he should be taken as EWS category candidate.
It is submitted that at the time of document verification, petitioner's document was verified as such upon being selected in the written test and hence this cannot be a ground to say or suggest even that petitioner's document were verified as an EWS category candidate. It is further contended that the petitioner having not approached earlier the Court when he had filled up the application form and was issued admit card according to him placing him in wrong category now after the final select list having been published and while appointment process is underway, petitioner's plea for inclusion in the merit list in the EWS category should not be allowed. 5. Having heard learned counsel for the parties and having perused the records I find that petitioner himself had applied as general category candidate per advertisement and finally uploaded the application form clicking the final button of submission and also had deposited the requisite fee and was even issued with the admit card, now the petitioner cannot be permitted to take the plea that he belongs to EWS category because he possesses the requisite certificate. Mere filing of a certificate would not change the nature of the application once it is filed in a particular category. 6. It the petitioner takes a plea of sheer human error for innocence may be for the reason that he contacted some cyber cafe to fill up the form, then petitioner was required to approach Court of law immediately upon receiving the admit case and before appearing in the written test. Petitioner having already accepted himself as general category candidate while participating in the written test and was as such selected in the written test for document verification as general category candidate,
he cannot be permitted to take the benefit of reservation at this stage when process of appointment is already underway on account of the final result being declared on 13.03.2025. 7. Hence, I decline to grant indulgence in the matter. Petition fails and is accordingly, dismissed. Order Date :- 20.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad