The Allahabad High Court has allowed the petition filed in the 2018 police PAC recruitment for not selecting the backward class women in the quota despite getting more than general category women cut-off marks.
A Single Bench of Justice Pankaj Bhatia passed this order while hearing a petition filed by Km Priya Swami and 8 Others.
The petitioners had appeared for recruitment as a Constable in the U.P Police in the year 2018. In the category of Other Backward Class Female, the petitioners had obtained more than 160 marks whereas the cut-off marks in the general category female was much lesser.
The contention of the counsel for the petitioners is that the petitioners’ case is covered by the judgment of the Supreme Court in Saurabh Yadav & Ors vs State of U.P & Ors reported in 2021 (1) ESC 206 (SC).
Counsel for the petitioners has also relied upon a judgment of the Court in Writ-A No 2532 of 2021 (Rajesh Kumar Thakur vs State of U.P & Ors) decided on 7.10.2021 and other judgments of coordinate Benches.
The Standing Counsel has, however, submitted that final results have been declared and, therefore, the consideration cannot now be made at this late stage.
The Court observed that the petitioner definitely deserves to get the benefit as was given to the petitioners in the case of Saurabh Yadav (supra).
The Court directed that the petitioner’s case be considered in the light of the judgment of the Supreme Court in the case of Saurabh Yadav (supra). The said exercise shall be completed within a period of one month from the date the petitioners approach the respondent no 3 along with a certified copy of the order.
With these observations, the Court allowed the petition.