Court No. - 6
Case :- WRIT - A No. - 27247 of 2018 Petitioner :- Kishan Kumar Maurya And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Yadav Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri K.S Kushwaha, learned counsel appearing for the Commission.
The petitioners have sought the following reliefs:
"I. Issue a writ order or direction in the nature of mandamus commanding the respondents to prepared and published the waiting list of the candidates of village Development Officer examination 2016 done by Uttar Pradesh Subordinate Service Selection Commission. Lucknow"
Dealing with the ambit of the 2015 Rules which now govern recruitment to Group-C posts and a similar prayer for the creation of a waiting list, this Court dismissed Writ A- No. 22762 of 2018 [Kalyan Singh and 6 others Vs. State of U.P. and 2 others, decided on 20 November 2018] in the following terms:
"This petition has been preferred seeking issuance of a writ to fill up unfilled vacancies of Cane Suprevisor which, according to the petitioners, have remained vacant on account of non joining of selected candidates.
Learned counsel for the petitioners has sought to draw sustenance in support of the prayer made by referring to Rule 14(3) of the Uttar Pradesh Ganna Paryavekshak (Group III) Service Rules 1978. According to the learned counsel this Rule clearly mandates a list of selected candidates being prepared which should be larger by more than 25% of the total number of vacancies. According to the learned counsel, the Rule in question fell for consideration before the Division Bench of the Court in Special Appeal Defective No. 163 of 2018 in which it was held that the said Rule clearly prescribed and mandated the making of a waiting list which was to be utilized for the purposes of filling vacancies which had remained vacant.
However Sri Kushwaha learned counsel has drawn the attention of the Court to the Uttar Pradesh Direct Recruitment to Group 'C' Posts ( Mode and Procedure) Rules 2015 to submit that the 1978 Rules are no longer in vogue and stand overridden by the provisions of the aforementioned Rules. According to Sri Kushwaha these Rules do not envisage the preparation of any waiting list.
The Court notes that the 2015 Rules were notified on 11 May 2015. Rules 2 and 3 give them overriding effect by providing that they shall prevail notwithstanding anything to the contrary contained in other service rules made by the Governor under the proviso to Article 309 of the Constitution. Undisputedly the 1978 Rules were framed in exercise of powers conferred by the proviso to Article 309 of the Constitution. The 2015 Rules do not appear to have been placed for the consideration of the Division Bench. This Court is of the considered view that the 2015 Rules would clearly eclipse the provisions of Rule 14(3) of the 1978 Rules.
In the absence of any provision in the 2015 Rules for the preparation of a waiting list, the prayer as made in the writ petition cannot be countenanced.
Writ petition is consequently dismissed."
Accordingly and following the reasons recorded in Kalyan Singh, this writ petition is also dismissed.
Order Date :- 19.12.2018 LA/-