Supreme Court - Daily Orders
Rajesh Kumar vs The State Of Uttar Pradesh And Ors on 6 July, 2017
Bench: Adarsh Kumar Goel, Uday Umesh Lalit
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos. 8691-8692 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO. 28098-28099 OF 2014)
RAJESH KUMAR ...APPELLANT(S)
VERSUS
THE STATE OF UTTAR PRADESH AND ORS ...RESPONDENT(S)
O R D E R
Leave granted.
Heard learned counsel for the parties. The appellant was a candidate for the post of Lecturer in Scheduled Caste Category. Though he passed written examination but after interview he was not declared successful. According to the appellant, the marks obtained by him were at par with the persons selected. The stand of the appellant is that since other candidates who were senior by age were given appointment, he is also entitled.
Apart from above, the stand of the appellant is that there was some error in the key answers which prejudiced him.
On the last date of hearing dated 24.04.2017 the Court passed the following order: Signature Not Verified Digitally signed by MADHU BALA Date: 2017.07.12
“Learned counsel for the respondents 12:49:01 IST Reason: seeks some time to file affidavit on the question whether stand of the petitioner that some of the answers in the key are incorrect and also whether after this selection process any other selection process was held and 2 whether vacancy in question is still available.
List the matters on re-opening.” Learned counsel for the appellant points out that still there is a vacancy available.
We are of the view that it will be in the interest of justice that the appellant is given personal hearing by the Secretary, Secondary Education, State of U.P – Respondent No.1 and a decision is taken in the matter.
Accordingly, we dispose of the appeals with the direction that the appellant herein be given personal hearing and a fresh decision be taken by Respondent No.1 in the matter.
The appellant may appear before Respondent No.1- Secretary, Secondary Education, Uttar Pradesh on 24th July, 2017 at 11.00 a.m. It will be open to Respondent No.1 to give another date in case it is not possible to grant hearing on the date fixed by us.
Pending application(s), if any, shall also stand disposed of.
...................J. [ADARSH KUMAR GOEL] NEW DELHI ...................J. 6TH JULY, 2017 [UDAY UMESH LALIT] 3 ITEM NO.8 COURT NO.11 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal(C)No(s). 28098-28099/2014 (Arising out of impugned final judgment and order dated 31-01-2014 in SA No. 1733/2012 and order dated 11.04.2014 in CMSA No. 70920/2014 passed by the High court of judicature at allahabad) RAJESH KUMAR Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH AND ORS Respondent(s) (Exemption from filing O.T.) Date : 06-07-2017 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr.Jayant Kumar Mehta, AOR Mr. Shaurya V. Kuthiala,Adv.
For Respondent(s) Ms. Purnima Jauhari,Adv.
Dr. B.K. Jauhari,Adv.
Ms. Pooja Sharma,Adv.
Mr.Deepak Anand, AOR Dr. Sandeep Singh,Adv. Mr.Anuvrat Sharma,Adv. Mr.M. R. Shamshad, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
(MADHU BALA) (VEENA KHERA) COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)