Court No. - 38 Case :- WRIT - A No. - 71730 of 2009 Petitioner :- Ajit Kumar Chaturvedi & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- S.S.P. Gupta Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard Sri S.S.P.Gupta learned counsel for the petitioner and the
learned standing counsel.
The contention raised is that the interim order dated 5.2.2009 does not
restrain the joining or selection of the selected candidates to the extent
of 3% but it only makes such appointment subject to the final decision of
the writ petition. Sri Gupta contends that the recital in the impugned
order that the said posts have been kept reserved is therefore
erroneous and is a misreading of the order dated 5.2.2009.
Learned standing counsel contends that apart from this there is a
government order dated 15.11.99 that prohibits the formation of a
waiting list.
Having heard learned counsel for the parties, it is prima facie evident
that the order dated 5.2.2009 does not reserve the posts or direct the
authority not to fill up the posts. However, apointments made which shall
be subject to the result of the writ petition. Further the list which has
been prepared in respect of the unfilled vacancies, the said list
according to the petitioner cannot be treated as a waiting list inasmuch
as 140 posts are still available and the candidates who are in merit have
to be offered appointment and cannot be treated to be candidates of
waiting list.
The aforesaid matter requires scrutiny inasmuch prima facie there is no
restraint order by this Court. Further the candidates who are within the
figure of 140, which is the number of unfilled seats/posts, they cannot be
treated to be wait listed of candidates.
The petitioners have disclosed their status of merit in the list so
prepared by the respondent in para 7 of the writ petition. A perusal
thereof indicates that it is only the petitioner nos.1, 2, 3, 5, 9, 11, 12, 13,
14, 15, 16, 17, 18, 20, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 33 are
within 140. The rest of the candidates are below in merit. In view of this
such candidates other than referred to herein above cannot maintain
this petition at this stage. Accordingly, this writ petition for such
candidates stands dismissed.
The candidates whose serial numbers have been referred to herein
above may be entitled for appointment which shall be subject to the
orders passed in writ Petition No. 5696 of 2009.
Learned standing counsel may file counter affidavit showing cause as to
why these candidates have not been offered appointments within three
weeks. One week is granted to file a rejoinder affidavit.
List thereafter.
Order Date :- 6.1.2010
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