Allahabad High Court
Puneet Singh vs State Of U.P.Thru Addl.Chief ... on 14 November, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- SERVICE SINGLE No. - 30995 of 2019 Petitioner :- Puneet Singh Respondent :- State Of U.P.Thru Addl.Chief Secy.Appointment, Lko & Ors. Counsel for Petitioner :- Smt. Manisha Singh,Dr. V.K. Singh Counsel for Respondent :- C.S.C.,Ashok Shukla Hon'ble Rajesh Singh Chauhan,J.
Heard Dr. V.K. Singh, learned counsel for the petitioner, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents and Sri Ashok Shukla, learned counsel for the opposite party No.3 i.e. the U.P. Public Service Commission, Prayagraj.
The grievance, briefly, of the petitioner is that the opposite parties have not issued the waiting list with regard to Advertisement No.A-3/E-1/2018 for U.P. Judicial Service Civil Judge (Junior Division), Examination-2018 for which the final result was declared on 20.07.2019.
As per learned counsel for the petitioner, the controversy has been settled by the Division Bench of this Court vide judgment and order dated 18.10.2019 passed in Writ - A No.4204 of 2019; Manish Kumar Singh vs. State of U.P. & others and other connected matters and the following directions have been issued, which are being reproduced here-in-below:-
"The respondent (UP Public Service Commission) shall forward list of wait list candidates against each category (keeping vertical and horizontal reservation in mind) within 30 days from today and the concerned authorities of the State subject to verification that the post which were advertised in the year 2016 remained vacant due to non joining of the selected candidates and further that such posts have not been utilized in any subsequent recruitment shall fill said posts strictly in accordance with the Rules against categories from which posts could not be filled up in order of merit of the wait list candidates within further period of 30 days and submit compliance report to the Registrar General within 75 days from today."
Therefore, learned counsel for the petitioner has submitted that the present writ petition may be disposed of finally in terms of judgment and order dated 18.10.2019 passed in re: Manish Kumar Singh (supra). Dr. Singh has further drawn attention of this Court towards the fact that the opposite parties do not furnish the complete details of the successful candidates while declaring the final result. The particular candidate can know his complete details after filling up the necessary details in the form but he/ she cannot know the complete details of all the candidates. As per Dr. Singh, there may not be any plausible reason to that effect inasmuch as , as per him, in this era of transparency the concerned opposite parties i.e. the opposite party No.3 must come out with complete information and must not hidden anything.
Dr. Singh has also drawn attention of this Court towards Annexure No.11 of the writ petition, which is result of the Delhi Judicial Service Examination-2018, and in the said result the complete details of the candidates have been given. Therefore, Dr. Singh has submitted that the direction may be issued to the opposite party No.3 to consider this fact carefully and the complete details of the candidates be demonstrated while declaring the final result of a particular competitive examination/ selection.
I find substance on the aforesaid submission of Dr. Singh inasmuch as I also do not feel that any purpose is served if the complete details of the successful candidates are not demonstrated. If the complete details of all the candidates are demonstrated, at least every candidate could know as to what was the cut off of that examination and the reason behind his/her success or failure. Further, it is time of R.T.I. and the candidate can obtain such information from Public Service Commission even under R.T.I. but if the complete details are demonstrated in respect of the marks obtained by the candidates, such exercise preferring an application under R.T.I. would not be needed and furnishing the complete details of the candidates may not come within the perview of restrictive information. Therefore, the opposite party No.3 may consider this aspect of the issue in positive perspective. The opposite party No.3 may take appropriate decision strictly in accordance with law with promptness preferably within a period of three months from the date of production of a certified copy of this order.
Since the issue in question is squarely covered with the judgment and order dated 18.10.2019 passed by the Division Bench of this Court in re: Manish Kumar Singh (supra) and there is no dispute of this point by the learned counsel for the opposite parties, therefore, this writ petition is being disposed of finally at the admission stage in terms of judgment and order dated 18.10.2019 passed by the Division Bench of this Court in re: Manish Kumar Singh (supra).
Consequences to follow.
Order Date :- 14.11.2019 Suresh/ [Rajesh Singh Chauhan,J.]