Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 476 of 2021 Appellant :- Rajendra Yadav Respondent :- Union Of India And Another Counsel for Appellant :- Ganesh Pandey,Rajesh Kumar Singh Counsel for Respondent :- A.S.G.I.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Jayant Banerji,J.
By this appeal, a challenge is made to the judgement dated 9.2.2021, whereby the writ petition preferred by the petitioner- appellant was dismissed.
The writ petition was filed to challenge action of the respondents in not giving appointment to the petitioner despite securing equal marks to the candidates so appointed.
Learned Single Judge found the petitioner-appellant to be younger in age than the candidate offered appointment. It is by applying rule which provides preference to the candidates who are older in age to get appointment in case of "Tie".
Learned counsel for the petitioner-appellant has challenged the judgement on the ground that without counter affidavit, the writ petition could not have been decided by the learned Single Judge.
We have considered the submissions and find no substance in it. It is not necessary that in every writ petition, the counter affidavit is to be called. It is in a case where the facts are not in dispute. It is a fact that the candidate appointed on equal marks was older in age. In that background, neither counter affidavit nor record was required. Thus, we are unable to accept the arguments raised by the learned counsel for the appellant.
The appeal fails and is, accordingly, dismissed.
Order Date :- 30.7.2021 sfa/ (Jayant Banerji, J) (Munishwar Nath Bhandari, ACJ)