Wednesday, September 27, 2023

Allahabad High Court allows Pankhudi Agarwal to appear in exam who had inadvertently applied as a dependent of Freedom Fighter instead of EWS

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The Allahabad High Court has allowed Pankhudi Agarwal, to appear in the examination, who had inadvertently applied as a “Dependent of Freedom Fighter” (DFF) instead of the “Economically Weaker Section” (EWS) category.

The Division Bench of Justice Saumitra Dayal Singh and Justice Rajendra Kumar-IV passed this order while hearing a petition filed by Pankhudi Agarwal.

In this petition, the submission is that the petitioner while filling up the form for preliminary examination by mistake applied as ‘Dependent of Freedom Fighter’ (DFF) though she belongs to the Economically Weaker Section (EWS) category. Upon qualifying the preliminary examination, she realised her mistake and tried to fill up the form as a EWS category candidate. As far as the DFF, she sought correction in the application, which has been rejected.

Relying on Note 6 of Clause 7 pertaining to reservation under Advertisement dated 10.12.2022, the Commission may not have cancelled the petitioner’s candidature as she did not make any false or misleading claim as may invite action under sub Clause 18 of Clause 11 of the above advertisement.

The petitioner has obtained more than the cut off marks under EWS category.

The Court observed that the prima-facie matter requires serious consideration.

“Since the examination is to be held from tomorrow onwards, as an interim measure, it is provided that the Commission would allow the petitioner to appear in the examination provisionally subject to the final outcome of the petition. However, the final result of the petitioner may not be declared except with leave of the Court.

Since the issue involved is purely legal, counsel for the Commission prays for and is granted two weeks time to file counter affidavit. Petitioner may file a rejoinder affidavit within one week thereafter”, the order reads.

The Court has fixed the next hearing of the petition on July 10, 2023.

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