Chief Justice's Court Case :- SPECIAL APPEAL No. - 1060 of 2009 Petitioner :- State Of U.P. & Another Respondent :- Ghanshyam & Others Petitioner Counsel :- S.C. Respondent Counsel :- Ganga Prasad,Krishnaji Khare Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
The U.P. Public Service Commission, pursuant to advertisement for 82 posts
of Assistant Accountant, prepared a select list as also a wait-list. In respect of
the select list in the first instance, 75 candidates were recommended on
6.12.1997; thereafter 4 candidates were recommended on 6.8.1998 and 3
more candidates were recommended on 28.1.1999. It transpires that out the
names recommended, only 55 candidates joined and that too only after writ
petition No. 42184 of 1998 was filed in this Court and the Court issued
directions.
On this point of time, the wait listed candidates filed a Writ Petition No. 7775
of 2001, whereby this Court on 2.5.2001 was pleased to direct the authorities
to appoint the persons in the wait-list.
The State has come to challenge the order of the learned single Judge on 2
counts; (1) that once the select list has exhausted itself, no appointment could
have been done from the wait-list; and (2) the period of list expired and
consequently also no appointment could have been done.
Learned counsel for the appellant states that he does not have the document
and is handicapped in giving information to the Court hence we adjourn the
matter for one week with the following directions:-
(i) The select list and the wait-list be produced;
(ii) As to how many candidates, who were offered appointment, joined the
post;
(iii) How many vacancies were available in respect of candidates, who did not
join the post; and lastly
(iv) How many candidates were offered appointment against such posts.
All further records necessary be also produced.
List as part-heard on 30.7.20010.
Order Date :- 15.7.2010
Irshad