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2013 DIGILAW 2166 (ALL)

Const. Vimlesh Kumar v. State of U. P. & 4 Ors.

2013-08-27

ABHINAVA UPADHYA

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In paragraph no.3 of the writ petition the petitioner has claimed that he was recruited as Constable in Civil Police in the year 2005 from the Recruitment Training Centre Moradabad and after successfully completing physical, medical and written test, he was sent for training and after completing RTC Training and GTC Training, he was posted in Rampur. Pursuant to a Government Order, the said selection was cancelled by a general order and the services of the petitioner, as a result thereof, were dispensed with in August, 2007. The said cancellation of selection was challenged in writ petition and the order of the Government was quashed. The matter was taken up to the Supreme Court in Civil Appeal No. 7152 of 2009 (State of U.P. & others Vs. Pawan Kumar Singh and others). However, the said appeal and other connected appeals have been dismissed as withdrawn on 8.3.2013. 2. It is claimed that under similar circumstances, various writ petitions were filed wherein this Court in Writ Petition No. 40567 of 2013 (Dharm Veer Vs. State of U.P.& others) passed the following orders: “Consequently, in the facts of the case, in case policy decision has been taken to consider the similarly situated candidates, then under the aforementioned uniform policy in case petitioner is falling within the consideration zone of aforementioned policy, then his claim should also be considered by the authority concerned, in accordance with law. Writ petition stands disposed of.” 3. Considering the facts and circumstances of the case, I am of the view that if the petitioner's case falls in the same category, he would also be entitled to the benefit of the aforesaid order dated 26.7.2013. 4. The writ petition is disposed of in terms of the order dated 26.7.2013 passed in Writ Petition No. 40567 of 2013. _____________