SUNITA KUMARI PATEL Vs. STATE OF U. P.
LAWS(ALL)-2021-8-74
HIGH COURT OF ALLAHABAD
Decided on August 10,2021

Sunita Kumari Patel Appellant
VERSUS
STATE OF U. P. Respondents

JUDGEMENT

Yashwant Varma,J. - (1.) Heard learned counsel for the petitioner, learned Standing Counsel and Sri Rajesh Yadav, learned counsel who appears for District Basic Education Officer.
(2.) This petition has been preferred seeking the following reliefs:- "i. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.04.2021 passed by respondent No.3 i.e. District Basic Education Officer Baghpat, District Baghpat regarding the appointment of the petitioner on the post of Assistant Teacher (Annexure No.8 to the writ petition). ii. issue a writ, order or direction in the nature of mandamus directing the respondent No.3 i.e. District Basic Education Officer Baghpat, District Baghpat to appoint the petitioner on the post of Assistant Teacher on the basis of her eligibility. ....."
(3.) The petitioner had participated in a recruitment exercise initiated by the respondents for appointment of Assistant Teachers. The selection process was undertaken against 69,000 vacancies. The petitioner also sought the extension of the benefits of reservation by virtue of belonging to a backward class. However, in support of the aforesaid she submitted a caste certificate which bore the name of her husband. On 04 December 2020, the respondents had issued a clarification providing that all caste certificates must be issued and bear a date prior to the cut-off date namely 28 May 2020. Additionally, it was provided that it should be ensured that the caste certificate bears the name of the parent of the applicant. The relevant stipulations in the order of 04 December 2020 read thus:-;


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