Court No. - 36
Case :- WRIT - A No. - 5362 of 2021 Petitioner :- Ganga Prasad Umarvaishya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rishi Kant Singh Chauhan,Manoj Kumar Singh Counsel for Respondent :- C.S.C.,Prabhakar Awasthi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; learned Standing Counsel for State respondent nos.1 and 2 and Shri Saurabh Tripathi, Advocate holding brief of Shri Prabhakar Awasthi, learned counsel for the respondent no.3.
This petition has been preferred seeking the following reliefs:-
"i. Issue a writ, order or direction of suitable nature commanding the respondents to consider the claim of the petitioner on the vacant post as petitioner is next in merit to the last selected candidate in the general category and is similarly situated candidate as in the Special Appeal Defective No.163 of 2018 within a period to be specified by this Hon'ble Court.
ii. Issue a writ, order or direction of suitable nature commanding the respondents to forthwith grant appointment to the petitioner against vacant posts of Gram Panchayat Adhikari covered by Advertisement No.7(3)/2015 remaining unfilled on account of non-joining by selection candidates and non-availability of candidates belonging to different categories within a period to be specified by this Hon'ble Court and to permit the petitioner and also to pay the petitioner his regular monthly salary on the said post regularly every month."
The aforesaid prayers are 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 the year 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 :- 29.7.2021 RKP