(Uday Umesh Lalit and M.R. Shah, JJ.)
Sanjai Kumar and Others __________________________ Petitioner(s);
v.
Dr. Prabhat Kumar ________________________________ Respondent.
Conmt. Pet.(C) Nos. 1332-1360/2018 In C.A. Nos. 4347-4375/2014, decided on February 27, 2019
With
Conmt. Pet.(C) No. 1391-1419/2018 In C.A. No. 4347-4375/2014 (III-A) For Exemption From Filing O.T. on IA 97373/2018 For impleading party on IA 166078/2018 For Intervention/Impleadment on IA 166078/2018 For Permission to File Additional Documents/Facts/Annexures on IA 168498/2018 For Exemption From Filing O.T. on IA 168500/2018) Conmt. Pet.(C) No. 1673-1701/2018 In C.A. No. 4347-4375/2014 (III-A) For Exemption From Filing O.T. on IA 122327/2018 For Intervention Application on IA 143697/2018) CONMT. PET.(C) No. 1935-1963/2018 In C.A. No. 4347-4375/2014 (III-A) Conmt. Pet.(C) No. 1964-1992/2018 In C.A. No. 4347-4375/2014 (III-A) Conmt. Pet.(C) No. 1993-2021/2018 In C.A. No. 4347-4375/2014 (III-A) For Exemption From Filing O.T. on IA 141876/2018 For impleading party on IA 168476/2018 For Intervention/Impleadment on IA 168476/2018 FOR impleading party on IA 174169/2018 For Intervention/Impleadment on IA 174169/2018) Conmt. Pet.(C) No. 2022-2050/2018 In C.A. No. 4347-4375/2014 (III-A) For impleading party on IA 169138/2018 For Intervention/Impleadment on IA 169138/2018 For Clarification/Direction on IA 169141/2018 For impleading party on IA 173530/2018 For Intervention/Impleadment on IA 173530/2018 For impleading party ON IA 174194/2018 For Intervention/Impleadment on IA 174194/2018 For Clarification/Direction on IA 174195/2018) Conmt. Pet.(C) No. 2051-2079/2018 In C.A. No. 4347-4375/2014 (III-A) For Exemption From Filing O.T. on IA 156696/2018) Conmt. Pet.(C) No. 2127-2155/2018 In C.A. No. 4347-4375/2014 (III-A) Conmt. Pet.(C) No. 20-48/2019 In C.A. No. 4347-4375/2014 (III-A) (For Admission and IA No. 185995/2018-Exemption From Filing O.T) Conmt. Pet.(C) No. 323-351/2019 In C.A. No. 4347-4375/2014 (III-A) (For Admission and IA No. 26855/2019-Exemption From Filing O.T.)
The Order of the court was delivered by
Order
1. Pursuant to last order dated 29.1.2019, a chart has been placed by learned counsel for the State of Uttar Pradesh for perusal of this Court. At the same time, case of a candidate named Anuradha Gupta has been placed by way of illustration by Mr. Siddharth Dave, learned counsel for the contempt petitioners.
2. According to the illustration Ms. Anuradha Gupta born on 25.9.1980 had secured 101 marks in TET examination and had also participated in the counselling in respect of District Mirzapur. These facts are not disputed by the learned counsel for the respondent-State. The illustration indicates that 25 candidates against category “female backward class – Arts” had also secured 101 marks and all of them are juniors in age to said Anuradha Gupta.
3. It is also accepted by the respondent-State that if two candidates are at the same level of marks, the governing criteria is to select that person who is senior in age. Going by the criteria, prima facie, Anuradha Gupta ought to have been selected but she was not. And all those 25 candidates who had secured same marks but were juniors in age, were selected.
4. At the request of Ms. Swarupama Chaturvedi, learned counsel for the State, we adjourn the matter for three weeks so that all such cases can be comprehensively looked into and a report can be presented before this Court.
5. In order to facilitate the exercise, we give liberty to all the learned counsel appearing for various candidates to give the details of such candidates who had appeared for counselling in one or more districts, where someone with lesser number of marks or junior in age (though had secured same marks) has been selected. A copy of the chart given by Ms. Chaturvedi shall be handed over to Mr. Siddharth Dave from whom copies be obtained by all the other learned counsel. If there be any such illustrations, the details and data in that behalf shall be furnished to Ms. Chaturvedi, learned counsel for the State within two weeks from today. No case shall thereafter be entertained. The state authorities can thereafter check every such illustration and see whether the candidates in question would actually fall in the zone of selection or not. A comprehensive report shall thereafter be presented before this Court.
6. List the matters on 1.4.2019 as part heard, after conclusion of all the matters before respective Benches.
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