Court No. - 3
Case :- WRIT - A No. - 33746 of 2016 Petitioner :- Vinay Kumar Singh Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Rishi Kant Singh Chauhan,Manoj Kumar Singh Counsel for Respondent :- C.S.C.,M.N. Singh,Nisheeth Yadav
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
The U.P. Public Service Commission Allahabad issued an Advertisement No.A-3/E-1/2013 dated 14.06.2013 for the Review Officer/Assistant Review Officer Etc. (General Recruitment) Examination-2013.
The petitioner applied and appeared in the aforesaid examination as a general category candidate. He obtained 283 marks. The last selection in the general category was also made of a candidate obtaining 283 marks. A total of 368 candidates were declared successful out of which only 317 joined. No waiting list was prepared.
The contention of learned counsel for the petitioner is that if a waiting list would have been prepared, the petitioner would have been at the top of it and that in the event of non-joining of the several selected candidates or some of the posts advertised remaining unfilled, he could have been selected for the purposes of appointment.
The respondents i.e. the State of U.P. and the U.P. Public Service Commission have taken a stand in the respective counter affidavits that no waiting list was prepared as the Government Order dated 15.11.1999 dispenses with the preparation of the waiting list.
The argument is that the aforesaid Government Order dated 15.11.1999 was not held to be a good law and was finally quashed by this court vide judgement and order dated 17.07.2002 passed in the case of Trilok Nath Mishra Vs. State of Uttar Pradesh 2002 (4) AWC 2804.Therefore, there is no justification for not preparing the waiting list and keeping the seats vacant.
Counsel for the parties were given time to ascertain if the aforesaid decision has attained finality. It has been informed that it has not been set aside from any higher court.
In view of the aforesaid the decision is final and conclusive.
In the light of the above decision when the aforesaid Government Order dated 15.11.1999 has been quashed, the U.P. Public Service Commission is enjoined upon to prepare a waiting list so as to enable joining of the candidates in the wait list on the failure of the some of the selected candidates to join or some seats remaining unfilled.
In the above facts and circumstances, a writ of mandamus is issued to the State of U.P. and U.P. Public Service Commission, Allahabad to prepare and announce a waiting list in respect of the above examination and if necessary accord appointment to the candidates appearing in the wait list in accordance with law most expeditiously if possible within three months from the date of production of authentic/certified copy of this order.
The Writ Petition is allowed.
Order Date :- 27.2.2018 piyush