Chandra Dhari Singh, J. - (1.) In this appeal, assail is to the judgement and order dated 09.07.2018 passed by the learned Single Judge in Writ A No.14018 of 2018, whereby learned Single Judge has dismissed the aforesaid writ petition on the ground that the appellant's correct name was not mentioned in the caste certificate, therefore, no exception can be taken if the appellant has been denied status of the scheduled caste. While dismissing the aforesaid writ petition learned Single Judge relied upon judgement of Full Bench of this Court in Gaurav Sharma vs. State of U.P. and others, 2017 5 ADJ 494.
(2.) We need not state the facts in detail. Suffice, it to say that respondent no.2 advertised a Notification for direct recruitment in the Police Department for the post of Constable and P.A.C. Constable in the year 2015 and the appellant filled up the form online in the Scheduled Caste Category by submitting the relevant documents and fees for the S.C. category and same was registered successfully. Respondent no.2 declared the result of the aforesaid examination for the selection on the post of Constable and P.A.C. Constable on 15.05.2015 and fixed the cut off marks as 377 for the Scheduled Caste Category and 397.2 for the open Category. The appellant-petitioner obtained 400.53 marks and his rank was 1931 in the open category. He was selected as the cut off marks for open category was 397.2. Later on the result of the examination for the selection of Police Constable and P.A.C Constable was modified by the respondent no.2 and the cut off marks for the open category (non-reserved) has been fixed as 403.6 and for the Scheduled Caste Category as 377.07. As per the modification/amendment result dated 21.05.2018, the appellant was found not selected in the select list due to consideration of his candidature in the wrong category i.e. in open category. In the open category cut of marks has been increased to 403.6. He approached the concerned authority for the required correction in the category and also submitted an application before the respondent no.3 on 08.06.2018. Since the concerned authority has not taken any decision on the application, therefore, he preferred a writ petition before this Court on 15.06.2018 as the medical test of the selected candidate has been scheduled to be commenced from 12.06.2018 to 24.06.2018 to their respective District Police Head Quarters.
(3.) Learned counsel appearing on behalf of the appellant has raised two principles contentions. I. Appellant submitted application form through online, he has chosen his category as scheduled caste category and the appellant has produced his caste certificate before the authority. His form was successfully registered in the SC category but the office of respondent no.2 committed error in the processing of the application of the appellant and wrongly categorized him as an open category candidate. II. Learned Single Judge has erred to dismiss the writ petition filed by the appellant without considering the facts that the form was filled up on the online and in the prescribed form column no.10 clearly mentions category as SC. The same form was successfully accepted and registered on the online. Admit Card for appearing in the examination in the category of Scheduled Caste was issued to him. Scheduled Caste Certificate was also submitted by the appellant as prescribed and issued by the competent authority. He has annexed document, which is at page 51 of this appeal regarding successful registration of the form of the appellant in the category of Scheduled Caste.;