PRAVESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Parvesh Kumar is before this Court, assailing the validity of the judgement and order dated 19.10.2016 passed by the learned Single Judge in Civil Misc. Writ Petition No. 50098 of 2016 (Parvesh KIumar Vs. State of U.P. and 2 others), wherein learned Single Judge has proceeded to non suit the claim of the appellant, by observing that there was nothing on record which would substantiate that the appellant had applied under OBC (Non Creamy Layer) category, accordingly, claim made by the appellant is unacceptable and there is no reason or justification to interfere in the decision taken by the Competent Authority for rejecting the claim of appellant.

(2.) From the side of the appellant, it has been contended that appellant had applied for consideration of selection on the post of Police Constable and Constable in PAC (Male) under direct Recruitment, 2015. Appellant has proceeded to face each and every stage of selection proceeding and submits that his candidature has been shown in 'open category' instead of treating him under OBC (Non Creamy Layer). Appellant submits that his cut of marks are 406.60 higher than the cut of marks of the last selected candidate in OBC (Non Creamy Layer) category. Appellant further submits that in case he had applied under OBC (Non Creamy Layer) pursuant to the advertisement dated 29.12015, then his candidature ought to have been considered in OBC (Non Creamy Layer), instead in open category candidate.

(3.) Challenge made by the appellant in Civil Misc. Writ Petition No. 50098 of 2016 (Pravesh Kumar Vs. State of U.P. and 2 others) has failed and thus appellant is in Special Appeal and through his counsel. Sri Seemant Singh, Advocate has submitted that it is true that certificate that has been issued in favour of appellant is dated 18.02.2016, i.e. after cut of date but the said certificate is nothing but mere affirmation that appellant belongs to OBC category and indicates that appellant was from the OBC (Non Creamy Layer) category candidate, and accordingly authority be directed to consider his claim under OBC (Non Creamy Layer).