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ARPITA SAXENA versus STATE OF U.P. THRU' CHIEF SECY. GOVT. OF U.P. LKW. & ORS.

High Court of Judicature at Allahabad

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Arpita Saxena v. State Of U.P. Thru' Chief Secy. Govt. Of U.P. Lkw. & Ors. - WRIT - C No. 35361 of 2006 [2006] RD-AH 11232 (11 July 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 7

Civil Misc. Writ Petition No. 35361 Of 2006

Arpita Saxena

 Versus

State of U.P. & Others

~~~~~

Hon'ble Rakesh Tiwari, J.

Heard learned counsel for the parties and perused the record.

The petitioner appeared in the examination of Combined Pre-Medical Test - 2006 (hereinafter referred to as C.P.M.T.-2006) along with other women candidates on 21.5.2006. The aforesaid examination was conducted by the Chairman, C.P.M.T. - 2006/Vice Chancellor, U.P. King George's University of Dental Science, U.P., Lucknow (respondent no. 2). The petitioner was declared successful and was placed at serial no. 468 of the merit list of the aforesaid examination.

The grievance of the petitioner is that about 35000 girl candidates participated in the examination of C.P.M.T. - 2006 along with the petitioner. Some of them had not filled in the application format as required by Sub-clause D of Clause 7.4 which provides that the candidates who marked the Sub-category of the category belonging to General, Scheduled Caste, Scheduled Tribe and O.B.C. shall be adjusted in main category of caste and are also entitled to get the benefit of Sub-category.

According to the petitioner a situation has arisen due to the fact that the candidates of Woman (W.M.) Sub-category shall be deprived of their rights by the decision of the Government permitting all female candidates for consideration in Woman (W.M.) category even though they have not marked Woman (W.M.) Sub-category. He states that while 20% seats are reserved for Woman category and the ranking of the petitioner will be affected if the Female/Woman candidates who had not mentioned the Sub-category Woman (W.M.) are also allowed to appear in the counselling.  

It appears that in the format category "Female" and Sub-category Woman (W.M.) was provided but the Sub-category was not filled by a large number of female candidates.

According to the policy decision taken by the Government that the Female category itself indicates that the candidate is a woman hence even if she has not marked her as such in Sub-category Woman along with Female category it makes no difference on her candidature.

After hearing the learned counsel for the petitioner, I am of the opinion that the Female category (01) indicated by the petitioner as well as such other female candidates is sufficient to distinctly classify them as a class from male candidates, hence even if a female candidate has not marked her candidature as Woman it will not affect her candidature.

There are more than 650 seats and not all the Female/Woman candidates would have secured higher marks than the petitioner would though few of them might have.

The rights of the petitioner are not at all prejudiced in any manner as she is being considered as a woman candidate along with other Woman candidates and not with male candidates. Even if the Sub-category had not been provided the petitioner and other candidates would have been entitled to be considered in the Woman category.

The object of holding Combined Pre-Medical Test by the Government is to make selection of meritorious students who are going to enter in the highly qualified field in medical science.  

For the reasons stated above, the writ petition is dismissed. No order as to costs.

Dated: 11.7.2006

Rpk/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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