Court No. - 26 Case :- WRIT - A No. - 1442 of 2010 Petitioner :- Anil Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- S.P. Singh Respondent Counsel :- C.S.C.,A.K. Yadav Hon'ble Shishir Kumar,J.
Heard Shri S.P. Singh, learned counsel for the petitioner, learned Standing
Counsel for the respondents No. 1,3 and 4 and Shri A.K. Yadav, learned
counsel appearing for respondent No. 2.
Challenge in the present writ petition is that according to the comparative
break up of marks from High School to other relevant qualifications, the
petitioner is having 281.19% marks but the respondent No. 6 who has been
selected is having quality point marks of 263.47%. There is a difference of 18
quality point marks therefore, the petitioner was entitled to be selected.
Shri A.K. Yadav, learned counsel appearing for the Board has brought to the
notice of the Court that there is 75% marks for interview and if the candidate
has performed better in spite of the fact that another candidate who has not
been selected is having better quality point marks then he will be selected and
placed on the post. Admittedly, the petitioner has appeared in the interview. It
is well settled in law that a person who has participated in the selection
process cannot challenge the criteria of consideration by the Selection
Committee unless and until it is shown that it is arbitrary in nature.
In view of the aforesaid fact, I find no merit in the writ petition.
The writ petition is dismissed.
No order as to costs.
Order Date :- 13.1.2010
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