GYAN DEV MAURYA Vs. STATE OF U P AND 3 ORS
LAWS(ALL)-2015-3-255
HIGH COURT OF ALLAHABAD
Decided on March 19,2015

Gyan Dev Maurya Appellant
VERSUS
State Of U P And 3 Ors Respondents

JUDGEMENT

- (1.) BY means of the present writ petition, the petitioner has sought for quashing of the merits list prepared for selection of Urdu BTC Training 2006 regarding SC category and to prepare a fresh list by deleting the name of Satish Baboo son of Govind Baboo, Registration No. 4100431 & Sunil Kumar Singh son of Raja Ram, Registration no. 4100174 and to place the petitioner in the merit list and allow him to complete BTC Training Course -2006.
(2.) EARLIER the petitioner had filed a Writ Petition No. 18222 of 2010 which was disposed of with a direction to the Principal, DIET, Pindari, Jalaun to look into the grievances of the petitioner and take a decision. Pursuant thereto, the Principal DIET, Pindari, Jalaun had examined the matter and found that the petitioner belongs to male Scheduled Caste category and his quality point marks was 131.70 whereas the last selected candidates was having 139.77 quality point marks. As per the details given in the order of Principal, DIET against three reserved category vacancy, three candidates have already been accorded approval. The third candidate Dinesh Kumar Bhashkar did not join and hence next candidate Sunil Kumar Singh son of Raja Ram was accorded approval for admission in BTC Course and he was informed.
(3.) BY the order of the Principal, DIET, the representation of the petitioner was rejected. Challenging the order of Principal, DIET, Pindari, Jalaun a Writ Petition No. 55522 of 2010 (Gyan Dev Maura vs. State of U.P.) was filed by the petitioner which was dismissed by order dated 9.9.2010, which is as under: - "Earlier petitioner had filed writ petition No.18222 of 2010 before this Court, and this Court had asked the Principal, District Institute of Education and Training, Pindari, Jalaun to look into the grievance of petitioner and take decision. Pursuant to said order, the Principal, District Institute of Education and Training, Pindari, Jalaun examined the matter and found that the petitioner was from Male Scheduled Caste category and his quality point marks were 131.70, whereas last selected candidate from the said category had secured 139.77 quality point marks. Details have also been furnished that in the category in questions against the three seats reserved, two incumbents had already been accorded admission and as third incumbent, Dinesh Bhashkar, who was constable in paramilitary force, did not turn up; in his place one Sunil Kumar son of Raja Ram has to be accorded admission and letter is to be issued to him. Once objective consideration has been made and the petitioner's merit is much low qua the last selected candidate, then there is hardly any scope of interference. Writ petition lacks substance and the same is dismissed." As is apparent from the order of the Principal, DIET which has been considered by this Court in the writ petition decided by the order dated 9.9.2010 that Sunil Kumar Singh was accorded approval prior to September, 2010.;


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