GIRISH KUMAR UPADHYAYA Vs. STATE OF U P AND OTHERS
LAWS(ALL)-2010-8-616
HIGH COURT OF ALLAHABAD
Decided on August 27,2010

GIRISH KUMAR UPADHYAYA Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

Shabihul Hasnain, J. - (1.) Heard Ms. Madhumita Bose, learned counsel for the petitioner and learned Standing counsel for the opposite parties.
(2.) The brief facts giving rise to the present petition are that an advertisement dated 1.9.2001 was published by the Police Head Quarter, Allahabad for appointment of Sub-Inspector (Civil Police)/Platoon Commander (PAC) for the year 2001. In the aforesaid advertisement general educational qualification of the candidates was graduate, however, relaxation in education qualification as well as in age has been provided to "Viniyojit Karamchari of Military' and further reservation was provided to the said persons. The applications were invited from the ''Sena Ke Viniyojit Karamchari'. Item No.1 deals with education qualification. Sub-Clause Kha provides the education qualification for ''Sena ke Viniyojit Karamchari', who had passed Intermediate examination. Item No.3 deals with regard to relaxation of age to ''Sena Ke Viniyojit Karamchari' and similarly item No.6 in which seats are reserved in various categories seats for ''Sena Ke Viniyojit Karamchari' is also reserved.
(3.) The petitioner, who was recruited in Indian Navy on 10.1.1984 and discharged on 13.1.1997, applied for his selection annexing Indian Navy Service Discharge Certificate issued by Commodore Bureau of Sailors. The petitioner has worked with Indian Navy with effect from 10.1.1984 to 13.1.1997 as Pity Officer Air Ordinance Fitter (hereinafter referred to as ''POAOF'). The gratuity was also provided to the petitioner with regard to his service rendered in the Indian Navy. After scrutinizing the application of the petitioner he was allowed to appear in the written examination. The petitioner was declared successful in written examination and invited for interview. On the date fixed i.e. 16.5.2005 the interview took place. Petitioner was informed through letter date d17.5.2005 about the medical test, which was to be held on 27.5.2005. After the said medical test for verification a letter issued on 17.9.2005 from the office of respondent No.2 to the Superintendent of Police, Sultanpur, as well as to the Superintendent of Police, Special Branch (Intelligence).;


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