ISRAR AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) WRIT petitioner-appellant, aggrieved by the judgment and order dated 25.02.2009 passed by a learned Judge in WRIT Petition No.5877 of 2009 dismissing the writ petition, has preferred this special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. WRIT petitioner-appellant was a candidate for being sent for two years' B.T.C. Urdu Special Course - 2006. Amongst the O.B.C. category, he was placed at serial number one in the waiting list. He filed the writ petition, inter-alia, contending that two candidates in O.B.C. category had left the course and therefore, a mandamus be issued for sending him for training. The learned Judge negated his contention and while doing so, he has observed as follows:- "In the counter affidavit categorical assertion has been made in paragraph nos. 7, 8, 10, 11 etc. that in fact, no candidates in the OBC category has left training and the last person allowed training had obtained 148.18 quality points while the petitioner had obtained only 147.47 quality points and there was no question of his being allowed. Though this factual averments has been denied in the rejoinder affidavit, the writ petition is totally lacking in giving details of the alleged candidates who had allegedly left the training. There is no authentic evidence on record to prove the contention of the petitioner." Mr. Vinay Kumar Rai, appearing on behalf of the appellant, reiterates the same submissions, which have been raised before the learned Judge. It is relevant here to state that according to the appellant, two selected candidates of O.B.C. category placed at serial nos. 7 and 14 have left their training, which averment has been denied by the respondents in the counter affidavit and it has clearly been stated that those candidates had already taken admission. Even if we assume in favour of the appellant that candidates after joining the course have left, that itself shall not entitle the appellant to the writ sought for. We are of the opinion that the learned Judge did not commit any error while dismissing the writ petition. We do not find any merit in the appeal and it is dismissed accordingly.