Court No. - 36
Case :- WRIT - A No. - 10441 of 2018 Petitioner :- Akash Kumar Pandey Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Durgesh Kumar,Pradeep Kumar Dwivedi Counsel for Respondent :- A.S.G.I.
Hon'ble Mrs. Sunita Agarwal,J.
Sri Sabhajeet Singh learned counsel has put in appearance on behalf of respondents.
The petitioner is seeking a writ of certiorari seeking quashing of the selection held pursuant to the advertisement No. NR/1/2017, File No.1-1-17 ND dated 07.06.2017.
Submission is that the petitioner has applied against the post advertised under the said advertisement and had obtained 138.5 marks in the written examination. A candidate having lesser marks than that of the petitioner in the general category namely 135.5 marks has been selected in the final merit list, prepared pursuant to the said advertisement.
It is admitted to the petitioner that final selection list has been declared on 21.03.2018. It is also admitted that the petitioner did not approach the competent authority for document verification which was held between 23.01.2018 to 25.01.2018.
It is sought to be contended in the writ petition that the Commission did not inform the petitioner about the date of document verification via e-mail whereas other candidates were informed on their e-mail address.
Furthermore, no public notice of the date of document verification has been published by the Commission. It is thus sought to be submitted that the final select list dated 21.03.2018 has been prepared ignoring the claim of the petitioner illegally and he cannot be held responsible for not appearing before the concerned authority for document verification.
Learned counsel for the respondent, on the other hand, submits that the Staff Selection Commission, Allahabad has not been impleaded in the writ petition, the writ petition is thus defective.
To deal with this submission of learned counsel for the petitioner, it is noteworthy that the petitioner had appeared in the written test held on 18.11.2017. The date of declaration of written test has not been disclosed in the writ petition, however, in paragraph no.14 of the writ petition, it is admitted to the petitioner that the candidates were called for document verification in the month of January' 2018.
As to when the petitioner came to know about the said fact is not disclosed in the writ petition.
Application under RTI Act moved by the petitioner dated 02.04.2018 and the information supplied to the petitioner pursuant thereto cannot be made basis to seek a writ for quashing the select list.
The petitioner was required to remain vigilant about the information displayed by the Commission on its website and he was required to verify the same from time to time. For any latches on the part of the petitioner, the Commission cannot be held responsible. This apart, the final select list published on 21.03.2018 has not been challenged on any other ground nor any selected candidate has been made party.
For all the above noted reason, this writ petition is found devoid of merits and hence dismissed.
Order Date :- 24.4.2018 Himanshu