Allahabad High Court
Sushil Kumar Singh And 2 Others vs State Of U.P. And 2 Others on 16 March, 2021
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - A No. - 2024 of 2021 Petitioner :- Sushil Kumar Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mujib Ahmad Siddiqui Counsel for Respondent :- C.S.C.,Prabhakar Awasthi Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
This petition has been preferred seeking the following reliefs:-
"i. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to prepared the waiting list against the unfilled vacancies of Gram Panchayat Adhikari covered by Advertisement No.7 (3)/2015 remaining vacant on account of non-joining by selected candidate and on account of candidate belonging to different categories of Horizontal reservation being not available from the merit list prepared on the basis of the same advertisement, within a period to be specified by this Hon'ble Court; and/or to pass such other and further order as this Hon'ble Court may deem fit and proper in the circumstances of the case, during the pendency of the instant writ petition before this Hon'ble Court, otherwise the petitioners shall suffer irreparable loss and hardship, which may not be compensated by any other means."
The aforesaid prayer is principally addressed on the basis of an order passed by a Division Bench of the Court in Special Appeal Defective No.163 of 2018. In the aforesaid special appeal, the Division Bench observed thus:-
"As per learned counsel the provision aforesaid clearly indicates that whatever number of candidates in excess included in the list prepared in order of merit is nothing but a waiting list or reserved list that is required to be operated in the event of non-availability of a selected person to satisfy the vacancies existing. Learned counsel has also brought to our notice an office order of the Government of U.P. dated 15.11.1999 that provides for no waiting list shall be prepared except in the case where posts pertains to a single cadre. It is asserted that so far as the post of Gram Panchayat Adhikari is concerned that is a single cadre post under the Rules of 1978.
True it is, as per the Government order dated 15.11.1999, no waiting list is required to be prepared but that shall be having no application in the case in hand as the Rules of 1978 in quite unambiguous terms prescribes to have a list of additional candidates while making select list in order of merit. The purpose of having list of additional candidates is only to meet certain eventualities including the circumstance of non-availability of adequate hands to join service from among the selected persons. Any other interpretation would frustrate the purpose of having additional list."
However, learned counsel appearing for the contesting respondents draws the attention of the Court to the order passed in Special Leave Petition (Civil) .... Diary No(s).12182 of 2020 in terms of which the judgment and order passed in Special Appeal Defective No.163 of 2018 has been stayed.
Notwithstanding the above, the Court notes that the relevant statutory rules which apply do not contemplate or stipulate the preparation of a waiting list or for candidates who participated in the recruitment being considered for appointment till the remainder vacancies are filled. The Court further bears in mind the fact that the recruitment itself is of 2016. In view of the aforesaid, the Court finds no justification to issue the writs as prayed for.
Accordingly the petition is dismissed.
Order Date :- 16.3.2021 Vivek Kr.