Court No. - 36
Case :- WRIT - A No. - 23856 of 2017 Petitioner :- Sachin Kumar Tyagi And 23 Othrs.
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Khare,Ashok Khare Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners; learned Standing Counsel for the State respondent nos. 1 and 2. Shri Prabhakar Awasthi appears for third respondent.
Petitioners are before this Court with a request to command the respondents to fill up the unfilled vacancies of Gram Panchayat Adhikari covered by Advertisement No. 7(3)/2015 remaining vacant on account of non-joining of selected candidates and non-availability of candidates under several categories of horizontal reservation on the basis of remaining merit list prepared by the third respondent in pursuance of the said advertisement within a period to be specified by this Court. With a further request commanding the respondents to forthwith grant the appointment against the vacant post of Gram Panchayat Adhikari covered by advertisement no.7 (3) /2015 remaining unfilled on account of non-joining of the selected candidate and for a direction to the respondent to consider the claim of the petitioners as per judgment and order dated 9.8.2018 passed by this Court in Special Appeal (Defective No.163 of 2018 (Karunesh Kumar & Ors. v. State of U.P. & Ors.) by which the order passed by learned Single Judge dated 22.8.2017 was set aside and the respondents were directed to consider the candidature of the petitioners-appellants (in that special appeal) for the purpose of appointment to the post of Gram Panchayat Adhikari and the vacancies available be filled in as a consequence of selection process initiated in pursuance to advertisement no. 7(3)/2015. The process of consideration was required to be completed on or before 21.12.2018. It appears that the review against the said judgment was also rejected vide order dated 30.10.2019. In this backdrop, it is submitted that the claim of the petitioner is squarely covered by the judgment in Karunesh Kumar & Ors. (Supra) and in the light of the same the claim set up by the petitioners is also liable to be considered.
So far as the factual and legal aspect is concerned, the same is not disputed by learned Standing Counsel as well as learned counsel for the Commission.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the third respondent to look into the grievance of the petitioners and pass an appropriate order, in accordance with law and in the light of Karunesh Kumar(supra), as expeditiously as possible and preferably within a period of two months from the date of production of a certified copy of this order before him. Suffice to indicate, the Court has not expressed any opinion regarding candidature of the petitioners.
Order Date :- 27.11.2019 A.K.Srivastava