SANTOSH KUMAR Vs. RAJYA SABHA SECRETARIAT

JUDGEMENT

(1.) The petitioner was not appointed to the post of Senior Assistant in Rajya Sabha Secretariat after he was placed on merit list prepared pursuant to an advertisement given in May, 1988 which is impugned by him in this petition. Validity of merit list was extended from time to time up to 30th June,1991. He says that no new merit list could be made even after expiry of the validity of select list till all the persons in the merit list had been appointment to the posts of senior Assistant in the Secretaria of Rajya Sabha.

(2.) Brief relevant facts are that the applications were invited in May 1988 for the posts of Senior Assistant in the Rajya Sabha Secretariat for preparing a panel for vacancies. At that time approximate vacancies were 10 (4 reserved for SC and 2 for ST). The petitioner applied pursuant to said advertisement and he was interviewed. Two merit lists of 31 candidates had been prepared which included the name of the petitioner also. The case of the petitioner is that in July 1990 his police verification wadone. Thereafter he received a letter dated May 15, 1991, to contact the office of respondent no.1 up to May 27, 1991. Petitioner contacted the office of respondent no.1 on May 23, 1991 and he was asked to undergo a medical examination. Petitioner und rwent a medical examination and a provisional medical certificate issued to him was handed over by him to the office of respondent no.1. The petitioner contends that thereafter he waited for his appointment but he was not appointed. However, later on he saw an advertisement dated November 23rd, 1991 inviting applications for 30 post of Senior Assistants in Lok Sabha and Rajya Sabha Secretariats. The petitioner, therefore, challenged the action of the respondents in inviting fresh applications for the pst of Senior Assistant without exhausting the merit lists wholly and filed the present writ petition alleging that after having been empaneled after completion of formalities like interview, police verification and medical examination, he has acquired a right to be appointed to the post of Senior Assistant in Rajya Sabha Secretariat. The petitioner has sought quashing of advertisement dated November 23rd, 1991 and has also prayed for a writ of mandamus seeking direction to respondent no.1 to give appoin ment to the petitioner to the post of Senior Assistant in Rajya Sabha Secretariat.

(3.) The respondents have contested the petition and have contended that advertisement for preparation of a select panel for the posts of Senior Assistant was given in May 1988. The advertisement stipulated for preparation of a panel for future vacancies as the exact number of vacancies were not known at that time and in the advertisement approximate number of vacancies were given. The relevant portion of the advertisement given in May,1988 is as under: