Apr - High Court of Judicature at Allahabad

More documents

Recommendations

Info

462 INDIAN LAW REPORTS ALLAHABAD SERIES [2011 (Delivered by Hon'ble Arun Tandon, J.) 1. An advertisement was published by the District Judge, Farrukhabad for making appointments on various posts including the posts of Class-IV employee. A select list was prepared. The petitioners before this Court, who are six in number, were empanelled at serial nos. 9, 10, 12, 13, 18 and 20 respectively. 2. According to the petitioners, candidates at serial no. 1 to 4 were appointed on 28.07.1998, candidate at serial no. 5 was appointed on 12.08.1998, candidate at serial no. 7 was appointed on 16.12.2000 and the candidate at serial no. 8 was appointed on 18.12.2000. 3. According to the petitioners the select list itself was cancelled on 04.12.2000. Even thereafter appointment of candidates at serial nos. 7 and 8 was made. In paragraph 12 of the writ petition it is stated that in the month of January, 2001 three other persons were appointed as Class-IV employee. On these allegations the petitioners have prayed for quashing of the order dated 04.12.2000 canceling the select list as well as a mandamus directing respondents to offer appointment to the petitioners. 4. Counsel for the petitioner submits that as many as 16 vacancies were advertised and therefore the petitioners, who were within the first 16 in the merit list, were entitled to appointment. He further submits that the appointments were offered illegally to three candidates in the month of January, 2001, as their names were not included in the select list prepared for the posts in question. 5. A counter affidavit has been filed on behalf of the District Judge and it has been stated that 7 permanent vacancies of Class-IV posts were advertised and in respect of other 9 Class-IV vacancies it was specifically mentioned that the same are reserved for retrenched employees only. It is then stated that the candidates from serial nos. 1 to 8 have been appointed against substantive vacancies strictly in order of merit. Candidate at serial no. 6 has not been appointed. Petitioners are lower in merit than the appointed candidates. The select list exhausted itself with the appointment against the advertised vacancies. The petitioners have no claim for any appointment. 6. So far as candidates appointed on 16th and 18th December, 2000 are concerned, it has been explained that there was some discrepancy in the roster prepared and after necessary corrections the orders for appointment of candidates at serial nos. 7 and 8 were issued. It has been stated that the petitioners did not belong to reserved category. 7. So far as the candidates appointed in the month of January, 2001 are concerned, it is stated that they have not been appointed by way of direct recruitment. They were promoted from the post of Chowkidar, Mali to the post of Process Server. The petitioners can have no claim in respect of such promotion. 8. I have heard learned counsel for the parties and have examined the records. The advertisement, copy whereof has been enclosed as Annexure-1 to the writ petition, specifically mentions that there
1 All V.V.P. Welfare Association V. State of U.P. and others 463 are 7 vacancies of Class-IV employee on the regular side and there are 9 vacancies of Class-IV employees which are reserved for appointment of retrenched employees. Admittedly, as against 7 regular vacancies, candidates strictly in accordance with merit list have been appointed. Petitioners are lower in merit viz-a-viz all the seven candidates appointed. With the appointment of 7 candidates against regular vacancies, the select list preprepared for the purpose lost its life. The same was rightly canceled under the order dated 04th December, 2000. The controversy in that regard stands settled by the Hon'ble Supreme Court in the case of Rakhi Ray and others vs. High Court of Delhi and others; (2010) 2 SCC 637. 9. So far as the vacancies reserved for retrenched employees are concerned, the petitioners can have no claim as they do not belong to said category. With regard to the appointments offered by way of promotion from the post of Chowkidar and Mali to that of Process Server to the persons named in paragraph 12 of the writ petition, this Court is of the opinion that the petitioners not being employee of judgeship cannot object to such promotion. 10. In the facts and circumstances of the case, no mandamus as prayed for by the petitioners can be issued. Counsel for the petitioners has placed reliance upon the judgment of the Hon'ble Supreme Court in the cases of Suvidya Yadav and others vs. State of Haryana and others;.(2002) 10 SCC 269 and Sandeep Singh vs. State of Haryana and another; (2002) 10 SCC 549. 11. The judgments relied upon by the counsel for the petitioners are clearly distinguishable in the facts of the case, as it has already been recorded that all the advertised vacancy within the category against which the petitioners had applied, had been filled by the candidates more meritorious to the petitioners. Writ petition is dismissed. --------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 03.03.2011 BEFORE THE HON'BLE A.P. SHAHI, J. Civil Misc. Writ Petition No. 12754 of 2011 Vittavihin Vidyalaya Prabhandhak Welfare Association ...Petitioner Versus State of U.P. and others ...Respondents Counsel for the Petitioner: Sri Brij Raj Counsel for the Respondents: C.S.C. Constitution of India Art. 226-Petitioner running Private School-un-aided institution challenge the validity of Govt. Order relating to self-centerexamination center can not be claimed as matter of right-apart from that no right of manager going to be affectedcan not be allowed to challenge the Policy-which is sole discretion of Board. Held: Para 9 The impugned provisions are all regulatory in nature, inasmuch as, they advance the cause of holding examinations and merely because the said provisions have either been misused or not put to use or not having been strictly complied with, the same cannot
Page 1 and 2:
1 All] Siya Ram V. District Judge (
Page 3 and 4:
1 All] Siya Ram V. District Judge (
Page 5 and 6:
1 All] Gopal Singh Visharad V. Jaho
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
1 All] Amanattullah and others V. A
Page 25 and 26:
Page 27 and 28:
Page 29 and 30: 1 All] Anis Ahmad @ Chand Babu V. S
Page 31 and 32: 1 All] Ram Ujagar and another V. Sm
Page 33 and 34: 1 All] Ram Ujagar and another V. Sm
Page 35 and 36: 1 All] Dian Nath Chaube V. Central
Page 37 and 38: 1 All] Dian Nath Chaube V. Central
Page 39 and 40: 1 All] Kulwant Singh V. State of U.
Page 45 and 46: 1 All] Ram Mohan Dayal V. State of
Page 47 and 48: 1 All] Ram Mohan Dayal V. State of
Page 49 and 50: 1 All] Jile Singh V. State of U.P.
Page 51 and 52: 1 All] Union of India and others V.
Page 53 and 54: 1 All] Union of India and others V.
Page 55 and 56: 1 All] Rama Shanker Shukla V. Zila
Page 57 and 58: 1 All] Rama Shanker Shukla V. Zila
Page 59 and 60: 1 All] Ram Pheran Yadav V. Commissi
Page 61 and 62: 1 All Ghaziabad Development Authori
Page 63 and 64: 1 All Ghaziabad Development Authori
Page 65 and 66: 1 All Pankaj Kumar and others V. St
Page 73 and 74: 1 All Dev Sharan Yadav V. State of
Page 75 and 76: 1 All Abdul Aziz Ansari V. State of
Page 77 and 78: 1 All Abdul Aziz Ansari V. State of
Page 79: 1 All Shiv Om and others V. Distric
Page 83 and 84: 1 All V.V.P. Welfare Association V.
Page 85 and 86: 1 All Nagina and others V. State of
Page 87 and 88: 1 All Suredra Narain Singh @ Babu V
Page 93 and 94: 1 All Naushad Alam V. State of U.P.
Page 103 and 104: 1 All Harish Chandra V. U.P. Sahkar
Page 111 and 112: 1 All Vikas Singh and others V. Sta
show all

Apr - High Court of Judicature at Allahabad

Create successful ePaper yourself

Delete template?

Save as template?