Court No. - 36
Case :- WRIT - A No. - 18497 of 2019 Petitioner :- Dhananjay Singh Patel Respondent :- State of U.P. and Another Counsel for Petitioner :- Bipin Bihari, Jaswant Singh Counsel for Respondent :- C.S.C., Kailash Singh Kushwaha, Prabhakar Awasthi
Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the petitioner is permitted to correct the name of petitioner during the course of the day.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent. Shri Prabhakar Awasthi has accepted notice on behalf of second respondent.
The petitioner is before this Court for a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to prepare a waiting list of the candidates securing equal marks or next to the final cut off marks, for the appointment against the vacant post of Gram Panchayat Adhikari covered by advertisement no. 7 (3) /2015 remaining unfilled on account of non-joining of the selected candidate and for a direction to the respondent to consider the claim of the petitioner as per judgment and order dated 9.8.2018 passed by this Court in Special Appeal (Defective No.163 of 2018 (Karunesh Kumar & Ors. v. State of U.P. & Ors.) by which the order passed by learned single judge dated 22.8.2017 was set aside and the respondents were directed to consider the candidature of the petitioners-appellants (in that special appeal) for the purpose of appointment to the post of Gram Panchayat Adhikari and the vacancies available be filled in as a consequence of selection process initiated in pursuance to advertisement no.7 (3)/2015 issued by Uttar Pradesh Subordinate Services Selection Commission, Lucknow. The process of consideration was required to be completed on or before 21.12.2018. It appears that the review against the said judgment was also rejected vide order dated 30.10.2019. In this backdrop, it is submitted that the claim of the petitioner is squarely covered by the judgment in Karunesh Kumar & Ors. (Supra) and in the light of the same the claim set up by the petitioner is also liable to be considered.
So far as the factual and legal aspect is concerned, the same is not disputed by learned counsel for the opposite parties.
In the aforesaid facts and circumstances, the writ petition is disposed of in terms of the judgment in Karunesh Kumar & Ors. (Supra).
Order Date :- 28.11.2019 Jaswant