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Sandeep Gupta vs High Court Of Judicature At Allahabad ... on 19 July, 2018

Bench: Kurian Joseph, Sanjay Kishan Kaul

                                          IN THE SUPREME COURT OF INDIA
                                           CIVIL ORIGINAL JURISDICTION



                              WRIT PETITION(S)(CIVIL)            NO(S).    594/2016



                         SANDEEP GUPTA                                                    PETITIONER(S)


                                                          VERSUS



                         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         THROUGH ITS REGISTRAR GENERAL                                    RESPONDENT(S)


                                                       O R D E R

1. I.A. No.42562/2017 is allowed.

2. As per the advertisement dated 10.05.2016, applications were invited for filling up 72 posts in the Uttar Pradesh Higher Judicial Service along with 12 carried over vacancies against the reserved categories.

3. The writ petitioner approached this Court challenging the vires of the Rules on the ground that as per the advertisement he had crossed the age of 45 years. Pursuant to the interim order dated 22.07.2016 the candidates were permitted to participate in the selection process.

4. We are informed that only 43 candidates were Signature Not Verified Digitally signed by NARENDRA PRASAD Date: 2018.07.23 18:13:12 IST Reason: 1 successful in the final round, which includes the petitioner-Sandeep Gupta and the intervenor-Pratima. As a matter of fact, on account of certain peculiar circumstances, the the examination of the U.P. Higher Judicial Service could not be held for the last more than three years, even though, the Rules do not contemplate so.

5. Having heard the learned counsel appearing for the petitioner, intervenor and the respondent/High Court and considering the peculiar facts and circumstances of the case, we think it fit that this Court should invoke its jurisdiction under Article 142 of the Constitution of India for doing complete justice.

6. Accordingly, this writ petition is disposed of, directing the respondent(s)/High Court to clear the results of the petitioner/Sandeep Gupta and the intervenor/Pratima. Since they have otherwise come out successful, they shall be appointed without further delay.

7. We make it clear, in order to avoid any dispute regarding seniority, that the seniority would depend on their position in the select list.

8. Since, this order is passed in the peculiar facts and circumstances of the case, it shall not be treated as a precedent.

9. The Registry of this Court is directed to send back the results received from the High Court, in a sealed cover.

10. Pending application(s), if any, shall stand disposed of.

.......................J. [ KURIAN JOSEPH ] .......................J. [ SANJAY KISHAN KAUL ] NEW DELHI;

JULY 19, 2018.

ITEM NO.1                 COURT NO.4               SECTION X

                S U P R E M E C O U R T O F     I N D I A
                        RECORD OF PROCEEDINGS

WRIT PETITION(S)(CIVIL)   NO(S).    594/2016

SANDEEP GUPTA                                        PETITIONER(S)

                                   VERSUS

HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH ITS REGISTRAR GENERAL RESPONDENT(S) (FOR ON IA 1/2016 FOR INTERVENTION/IMPLEADMENT ON IA 42562/2017 and IA No.56839/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS) WITH SLP(C) No. 22240/2016 (XI) (FOR [PERMISSION TO FILE ANNEXURES] ON IA 1/2016 FOR EXEMPTION FROM FILING O.T. ON IA 2/2016) SLP(C) No. 4612/2018 (XIV) SLP(C) No. 15704/2018 (XI) Date : 19-07-2018 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. O.P. Bhadani, AOR Mr. S.S. Pandey,Adv.

Mr. Bankey Bihari, AOR Mr. Hasan Murtaza, AOR Mr. D. Abhinav Rao, AOR Mr. Vivek Singh, AOR Mr. Swastik Dalai,Adv.

For Respondent(s) Mr. Sunny Choudhary, AOR 4  Mr. Gaurav Agrawal, AOR Mr. Abhikalp Pratap Singh,Adv.

Mr. Annam Ventatesh,Adv.

Mr. Sudipto Sircar,Adv.

Mr. Rahul Mishra,Adv.

For Mr. Annam D.N. Rao, AOR UPON hearing the counsel the Court made the following O R D E R WRIT PETITION (CIVIL) NO(S). 594/2016 The writ petition is disposed of in terms of the signed order.

We find that the petitioner has not even participated in the examination process.

Therefore, we are not inclined to entertain this special leave petition, which is, accordingly, dismissed.

Pending application(s), if any, shall stand disposed of.

The petitioner approached this Court aggrieved by the interim order passed by the High Court.

Pursuant to our order, the petitioner was permitted to appear in the preliminary examination.

We are informed that the petitioner has appeared in the preliminary examination.

We make it clear that subject to the merit of the petitioner in the preliminary examination, the petitioner will be provisionally permitted to appear in the final examination as well, 5 subject to the final outcome of the writ petition, which is pending before the High Court.

With the above observations and directions, the special leave petition is disposed of.

List on 27.08.2018.

We direct the learned counsel appearing for the High Court of Allahabad to make available the result of the petitioner in a sealed cover.

(NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed order, as above, is placed on the file) 6