KIRAN SHARMA Vs. DISTT JUDGE NAINITAL

JUDGEMENT

(1.) BY means of this writ petition under Article 226 of the Constitution of India the petitioners prayed for issuance of a writ, order or direction in the nature of mandamus directing the respondent to issue the appointment letter to them as they have been selected against existing vacancies of class -III posts.

(2.) AN advertisement was issued and published in daily Newspaper on 24 -11 -2001 for the appointment of class -III posts in the office of the District Judge, Nainital. Posts advertised were 41 and after competitive examination result of the selected candidates was declared and published in the Newspaper on 27 -12 -2001 and the names of the petitioners were also among the successful candidates. Out of these selected candidates appointments were issued to 20 only and the roll numbers of these candidates were also published in the Newspaper dated 27 -12 -2001. These facts are not in dispute.

(3.) THE respondent resisted the petition and filed counter affidavit wherein it has, inter alia, been alleged that although the 41 posts were advertised the break up of the posts has been as below: -