High Court Patna High Court - Orders

Avinash Kumar vs The Union Of India & Ors on 19 October, 2011

Patna High Court – Orders
Avinash Kumar vs The Union Of India & Ors on 19 October, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Letters Patent Appeal No.1734 of 2010
                                                   In
                             Civil Writ Jurisdiction Case No. 9290 of 2009
                 ======================================================

1. Avinash Kumar S/O Narmdeshwar Prasad R/O Vill& P.O.Idyapati
Nagar(Near N.C.C.Office), P.S.Saharsa & Distt-Saharsa

…. …. Appellant/s
Versus

1. The Union Of India Through Administrative Officer, Ordinance Depot
Telegaon Debhade Pune(Maharashtra)

2. Commandant, Ayudh Depot. Talegaon, Dhobude, Pune

3. Secretary, Defence , Ministry Of Defence New Delhi

…. …. Respondent/s
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Appearance :

For the Appellant/s : Mr. Anil Kumar Mukund, Advocate
For the Respondent/s : Mr. Sarvadeo Singh, CGC
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3 19-10-2011 Heard the parties and perused the order of the learned

single Judge whereby writ petition preferred by the appellant has

been dismissed.

We do not find any illegality in the order of the Writ

Court. The vacancies having been reduced, it is not possible to

direct for appointment of the appellant in absence of vacancy. The

leaned Writ Court has noticed that there was a stipulation in the

advertisement that vacancies may increase or decrease. In such

circumstances, it is not possible to grant relief to the appellant. The

appeal is dismissed.

The law on the issue is settled by the Hon’ble Supreme

Court in several cases that inclusion of candidate’s name in the
Patna High Court LPA No.1734 of 2010 (3) dt.19-10-2011

2

merit list does not confer any right. One may refer to AIR 1991

SC 1612 (Shankarsan Dash v. Union of India).

So far as harassment to the appellant is concerned, the

Writ Court has observed that if so advised he may claim damages

through appropriate proceeding before the civil court. We are not

interfering with this observation.

(Shiva Kirti Singh, J)

(Shivaji Pandey, J)

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