Court No. - 29
Case :- WRIT - A No. - 818 of 2019 Petitioner :- Harpal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Dwivedi,Shri Ram Pandey Counsel for Respondent :- C.S.C.,M.N. Singh,Manish Goyal
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner.Learned Standing counsel has appeared for respondent no. 1, Sri M.N. Singh for respondent no. 2 and Sri Samir Sharma for respondent no. 3.
The petitioner by means of this writ petition wants a direction that he should be selected and appointed as Civil Judge (Junior Division) against the vacancies advertised vide advertisement dated 22-28. 11. 2003 and to quash the order dated 13.3.2018 passed by the U.P. Public Service Commission, Allahabad.
The contention of learned counsel for the petitioner is that in the aforesaid examination petitioner has secured a total of 449 marks in the general category whereas the last selected candidate has obtained 445 marks. Therefore, he is entitled to be given appointment.
The selection to the post of Civil Judge (Junior Division) pursuant to the advertisement issued in 2003 is already over and complete and it is not possible or even desirable to direct for any appointment in respect of the said selection after such a long gap of time. Moreover, the matter relating to the said selection and appointment had travelled upto the Supreme Court and it was specifically ordered that only those candidates who have approached the Supreme Court or the High Court by 31st August 2005, alone would be entitled for consideration of appointment, if at all, it is only those candidates who have approached the Supreme Court/High Court within the aforesaid time were considered and given appointment.
The petitioner has certainly not filed any writ petition either in the High Court or in the Supreme Court till date. He had simply made a representation in the year 2017 before the U.P. Public Service Commission and the same was rejected by the order dated 13.3.2018 in the light of the order of the Supreme Court.
In view of the aforesaid facts and circumstances, we find the claim as raised by the petitioner to be a stale one which can not be permitted to be reviewed at this stage specially in view of the decision of the Supreme Court and the fact that the selection process stood completed long back.
The writ petition is misconceived and has no merit. It is accordingly dismissed.
Order Date :- 21.1.2019 SKS