Court No. - 33
Case :- WRIT - A No. - 65528 of 2015 Petitioner :- Lokendra Singh Respondent :- The High Court Of Judicature At Allahabad And 2 Others Counsel for Petitioner :- Amit Kumar,Shiv Kant Pandey Counsel for Respondent :- C.S.C.,Manish Goyal
Hon'ble Manoj Misra,J. Hon'ble Ved Prakash Vaish,J.
We have heard Sri Shiv Kant Pandey for the petitioner; Sri Manish Goyal for the respondents 1 and 2 and learned Standing Counsel for respondent no.3.
The instant writ petition has been filed for a direction in the nature of mandamus commanding the Select Committee of the High Court for Higher Judicial Services to reevaluate and review the marks awarded to the petitioner in question papers Law-I, Law-II, Law-III and General Knowledge of U.P.H.J.S. (Main) written examination, 2014. Another prayer of the petitioner is that the Select Committee be directed to decide representation of the petitioner dated 5th November, 2015.
In the counter affidavit which has been filed by the High Court, in paragraph 3 a stand has been taken that the selection process pursuant to U.P.H.J.S. (Main) examination, 2014 is over and all the advertised vacancies have been filled up. It has also been stated in paragraph 18 of the counter affidavit that the representation of the petitioner has been considered by the Committee and has been rejected in its meeting dated 3rd February, 2016.
Sri Manish Goyal appearing on behalf of the High Court also informed the Court that there is no provision for reevaluation of the answer script and therefore prayer made by the petitioner is not sustainable and in similar circumstances another writ petition filed by one candidate (Writ A No.17669 of 2013 : Ramesh Kumar Jaiswal Vs. Registrar General, High Court of Judicature, Allahabad and others) was dismissed on 2nd April, 2013. Sri Goyal has further pointed out that the petitioner has neither challenged the select list nor the order of the Select Committee by which his representation has been rejected and since there is no vacancy left and no selected candidate has been impleaded as party-respondent, no relief can be given to the petitioner.
We find substance in the objection raised by Sri Manish Goyal. Admittedly, the select list has not been challenged; none of the selected candidate has been impleaded as party-respondent; and there is no dispute that no vacancy is left. Under the circumstances, we do not consider it appropriate to entertain this writ petition.
The writ petition is dismissed. Order Date :- 21.8.2018.
Rks.
(V.P. Vaish, J.) (Manoj Misra, J.)