DHEERAJ KUMAR Vs. DIST. JUDGE I, AND ANR.

JUDGEMENT

(1.) BY this writ petition, petitioner seeks appointment as a Stenographer Grade -III in the District & Sessions courts, Delhi. The case of the petitioner in short is that he falls under the general category of which there were 45 vacancies, of which vacancies only 41 were filled, and therefore, petitioner being No. 2 in the waiting list, was bound to have been intimated by the District & Sessions Judge, Delhi an offer to join the post of Stenographer Grade -III.

(2.) LEARNED counsel for both the parties relied upon the Full Bench judgment of this Court in the case of Maninder Kaur vs. Delhi High Court & Ors., : 57(1995) DLT 288 which holds that once all the persons with respect to the notified vacancies join, thereafter a candidate whose name is in the waiting list has no right to join against any future vacancy which may arise, however in case if all the persons who are offered the posts do not join then those in the wait -list have to be offered the seats not filled in. In the present case, it is argued by the petitioner that since all the 45 vacancies were not filled, the petitioner should have been appointed inasmuch as the petitioner was at serial No. 2 in the waiting list. Actually though the factual position as urged by the petitioner is correct and on that count I can allow the writ petition and direct the appointment of the petitioner, however, the writ petition is liable to be dismissed on the reasons given hereafter.