Court No. - 22 Case :- SERVICE SINGLE No. - 7713 of 2006 Petitioner :- Devendra Kumar Tiwari Respondent :- Uttar Pradesh State Road Transport Corporation Lko. Petitioner Counsel :- Narendra Singh,Anand Mani Tripathi Respondent Counsel :- Anuj Kudesia Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the parties.
The claim of the petitioner is solely based on the fact that the junior to the
petitioner has been appointed and the petitioner has been ignored although his
name appeared in the waiting list over and above at serial no.2.
Submission of learned counsel for the petitioner is that when junior person
has been given appointment, then the petitioner ought to have been given
appointment.
Learned counsel for the opposite parties by filing counter affidavit states that
earlier the select list was alphabetically prepared. Later on, select list was
prepared in accordance with merit and in the said merit list, name of the
petitioner appeared at serial no.5, therefore, claim of the petitioner cannot be
sustained as the petitioner’s merit was low. The advertisement was made in
respect of 65 vacancies and against 65 vacancies, 62 persons were appointed
and three persons were disqualified on account of medical defect. Learned
counsel submits that there has been no violation of any norms nor any merit
has been ignored. The case of the petitioner has been considered in right
perspective.
Having heard learned counsel for the parties, I find that the name of the
petitioner was at serial no.5 according to the merit list, therefore, he could not
have been given appointment. No illegality has been committed by the
opposite parties.
The writ petition is devoid of merit. It is accordingly dismissed.
Order Date :- 30.7.2010
RBS/-