Court No. - 33
Case :- WRIT - A No. - 8439 of 2021 Petitioner :- Chandrakant And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- U.C. Chaturvedi Counsel for Respondent :- C.S.C.,Siddharth Singhal
Hon'ble Ashwani Kumar Mishra,J.
Petitioners have prayed for a writ of mandamus to declare the revised result against 57 posts of Regional Youth Welfare and Territorial Development Team Officer, pursuant to Advertisement No. 1 of 2018, published by the U.P. Subordinate Service Selection Commission, Lucknow.
Records reveal that petitioners had also applied for appointment, but have scored marks which are below the cut off in their respective category. Petitioners marks are 218 & 219; whereas cut off marks in their category are 230. Petitioners, therefore, have not been selected. Allegation is that certain vacancies are still available.
The allegation about existence of vacancy is general in nature and without any specifics brought on record, in that respect, no direction is required to be issued for consideration of petitioners' claim. Law is otherwise settled that a selected candidate also gets no indefeasible right for appointment. (See: Shankarsan Das v. Union of India and others, AIR 1991 SC 1612).
Admittedly petitioners are not selected candidate. They cannot, therefore, assert any right of appointment merely because certain vacancies have remained vacant. Even otherwise, in the event employers decide to lower the merit for filling up additional vacancies, it goes without saying that the strict order of merit would be maintained and in case petitioners qualify, their candidature shall also be looked into, in such eventuality.
Subject to the aforesaid observations, this writ petition is consigned to records.
Order Date :- 27.7.2021 Ranjeet Sahu