Krishna Kumar Gupta v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18451 of 2015 ====================================================== Krishna Kumar Gupta Son of Ratan Prasad Singh Resident of Mohalla- Ram Rekha Ghat, Buxar, Po P.s Buxar,District Buxar. ... ... Petitioner/s

Versus

1.

The Union Of India and Ors 2.

The Chief Security Commissioner, RPF North Central Railway Box no. 125, AllahabadU.P 3.

The Inspector General -cum-chief Security commissioner and Chairman, Regional Recruitment Committee ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak, Advocate For the UOI :

Mr. Uma Shankar Verma, Sr. Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 27-09-2023 1.

The present writ petition has been filed seeking the following relief:- "For direction to the respondents to appoint the petitioner on the post of Sub-Inspector in Railway Protection Force, North Central Railway, Allahabad on the basis of his marks obtained in the examination hold against the said advertised posts vide Employment Notice No. 02/11 treating him as an O.B.C. Category candidate in place of General Category Candidate."

2.

At the outset, the learned counsel for the respondent has submitted by referring to paragraph no.9 of the counter affidavit filed in the present case that the minimum cut

Patna High Court CWJC No.18451 of 2015 dt.27-09-2023 2/2 off marks required for selection in the unreserved category and the marks of the last selected candidate is 101.25, whereas the petitioner has obtained only 90 marks in the written examination and 5.5 marks in the physical efficiency test, i.e. a total of 95.5 marks, thus he could not be selected.

3.

The aforesaid factual aspects of the matter is not refuted by the petitioner inasmuch as no rejoinder affidavit has been filed.

4.

Having regard to the facts and circumstances of the case and considering the fact that the marks of the last selected candidate is 101.25 in the unreserved category, whereas the petitioner has obtained only 95.5 marks, the petitioner has rightly not been selected. Thus, the present writ petition stands dismissed, being bereft of any merit.

(Mohit Kumar Shah, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.10.2023 Transmission Date NA