Court No. - 6
Case :- WRIT - A No. - 2644 of 2019 Petitioner :- Vijay Pratap Singh And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Anish Kumar Sinha 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.
This petition has been preferred seeking the following relief:
"a) issue a writ, order or direction including a writ in the nature of MANDAMUS commanding the respondent no. 2 prepare a waiting list of Village Development Officer (General Selection) 2016 in pursuance to the advertisement bearing no. 03-Examination/2016 issued by Uttar Pradesh Subordinate Services Selection Commission, Lucknow."
Dealing with an identical controversy, this Court has decided Writ -A No. 22762 of 2018 (Kalyan Singh And 6 Others Vs. State of U.P. And 2 Others) in which the following decision was rendered:
"Heard learned counsel for the petitioners, learned Standing Counsel and Sri Kushwaha learned counsel who appears for the Commission.
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 assigned therein, this writ petition is dismissed.
Order Date :- 21.2.2019 Arun K. Singh (Yashwant Varma, J.)