Court No. - 36
Case :- WRIT - A No. - 19016 of 2019 Petitioner :- Subodh Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rishi Kant Singh Chauhan Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
The petitioners are before this Court assailing the order dated 20.09.2019 passed by third respondent and for a direction to third respondent to consider the claim of the petitioner for appointment against the unfilled 7 vacancies as petitioners are next in merit and posts are still vacant.
As per record, this much is reflected that an advertisement for recruitment of Lekhpal Examination, 2015 was published and the result of which was declared on 1.4.2016 in which against 334 posts 322 candidates were selected. In the said selection the petitioner could not be selected.
Now the petitioners are aggrieved by the order impugned, whereby the claim of the petitioners for filling up the unfilled vacancies by reshuffle from the unsuccessful candidates on merit has been rejected on the ground that there is no such procedure.
Learned counsel for the petitioners in support of his submissions has placed reliance on the order dated 14.5.2019 passed in Special Appeal No.563 of 2019 (Raj Jeet & Ors. v. State of U.P. & Ors.).
The Court has proceeded to examine the record in question and find that once the result has been declared and the vacant seats were carried forward to the next selection, though at present till now no fresh selection has taken place, but at this belated stage after more than three years the Court is not inclined to pass any favourable order in favour of the petitioners. Even in case there is complete silence in the Rules and Regulations in the advertisement in this regard, the benefit of the order in Raj Jeet & Ors. (Supra) cannot be given to the petitioners on the ground that Division Bench in the said special appeal had considered the relevant Rules known as 'U.P. Food Safety and Drug Administration Department (Food Safety Cadre) (Group 'A', 'B' and 'C') Service Rules, 2012 and the said Rules are not attracted in the present matter as the present matter relates to U.P. Lekhpal Sewa Niyamawali, 2006 and as such no reprieve on this score can be extended to the petitioner at this belated stage.
The writ petition is dismissed accordingly.
Order Date :- 29.11.2019 SP/