Court No. - 37
Case :- WRIT - A No. - 11299 of 2019 Petitioner :- Vinay Kumar Pathak And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satendra Tirpathi Counsel for Respondent :- C.S.C.,Bhupendra Nath Singh
Hon'ble Abhinava Upadhya,J.
Heard Shri Satendra Tripathi, learned counsel for the petitioners; Shri Manoj Kumar Singh, learned counsel for the Commission-respondent no. 4 and learned Standing Counsel for the State-respondents.
The petitioners had participated in selection of Assistant Professor (Chemistry) in degree colleges pursuant to an Advertisement No. 46 issued on 14.3.2014. The written examination and interview etc. were held and finally the result was declared on 10.8.2018. According to learned counsel for the petitioners the select list so prepared provides the preparation of additional select list also and in case any vacancy remains to be filled or could not be filled either due to death, resignation or otherwise, the candidate put in the additional list can be considered against such vacancy. For the said purpose the petitioners has relied upon Section 13(4) of the U.P. Higher Education Service Commission Act, 1980.
It is claimed that all the petitioners are Male General category candidates. It is further claimed that in the additional/wait list petitioner no. 1 is at serial no. 5, petitioner no. 2 is at serial no. 1, petitioner no. 3 is at 4, petitioner no. 4 is at serial no. 9, petitioner no. 5 is at serial no. 11, petitioner no. 6 is at serial no. 12, petitioner no. 7 is at serial no. 14 and petitioner no. 8 is at serial no. 3. It is submitted that certain vacancy has occurred due to non-joining of the selected candidates and, therefore, their claim should be considered. Learned counsel for the Commission does not dispute the proposition of law with regard to preparation of waiting list. From Section 13(2) of the U.P. Higher Education Service Commission Act, 1980 it appears that the list so prepared of selected candidates as well as waiting list will be valid till receipt of the new list from the Commission.
It is categorically submitted that till date no new list has been sent and, therefore, the validity of the wait list is continuing as the posts upon which the petitioners are claiming vacancy have not been requisitioned or sent to the Commission for fresh appointment.
The writ petition is disposed of with the observation that in case the petitioners file a representation to the Director of Higher Education put forth their claim that they are in the wait list and there are vacancy which could not be filled from the selected candidates in the first list. In case such a representation is made, the Director will look into it and pass appropriate orders in accordance with law, as far as possible, within two months from the date a certified copy of this order along with representation is presented before it.
Order Date :- 26.7.2019 Sunil Kr. Gupta