Shashi Kant Pathak 5084(S/S)2015 v. State of U. P. Thru Prin. Secy. Deptt. of Home Lko.
2016-01-21
D.Y.CHANDRACHUD, RAJAN ROY
body2016
DigiLaw.ai
JUDGMENT Rajan Roy,J. The reliefs which the appellant has sought in the writ petition before the learned Single Judge were in the following terms: "Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the respondents to consider the candidature of the petitioner on the post of constable in the U.P. Police department in the light of Judgment and order dated 18.2.2015 passed in writ petition A No.9622 of 2015 (Yashpal Singh Parihar and 16 others Versus State of U.P. & others) and give him appointment on the post of constable in U.P. Police department with in stipulate period to be fixed by this Hon'ble Court." 2. The ground which had been urged in the writ petition was that the appellant being a general candidate and if 7.5 additional marks were added to his total of 117.8289 marks, he would be eligible for being considered on the post of constable. 3. The controversy in this regard was settled in a judgment of the Division Bench of this Court in (State of U.P. and Ors. vs. Pankaj Kumar, Special Appeal Defective No. 343 of 2015), decided on 6 May 2015. 4. The learned Single Judge has extracted from the judgment of the Division Bench and has rightly followed the position in law. 5. Hence, we see no reason to entertain the special appeal. The special appeal is, accordingly, dismissed. There shall be no order as to costs.