VINOD KUMAR Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) "The petitioner, before this Court, was a candidate for the selection/examination of Data Entry Operator (in short DEO) in the Industrial Training Institute (in short "ITI"), Uttarakhand. The petitioner is a Scheduled Caste candidate. The result was declared on 26.08.2010 and the waiting list result was issued on 28.08.2010. The name of the petitioner is figured in the select waiting list at serial No. 6 in the Scheduled Caste category. The petitioner is the only Scheduled Caste candidate in the said waiting list. There were four posts of Scheduled Caste candidates for the post of Data Entry Operator, out of these four posts one of the candidates, namely, Mr. Vinay Kumar did not join the said post. The post remained vacant and moreover, in the same selection process vacant post was never filled by any candidate. Therefore, one post, belongs to Scheduled Caste category, was never filled by any candidate. The last candidate joined, as per the said selection process, on 15.06.2012. This fact is admitted by the respondents. Since the post of Data Entry Operator, belongs to Scheduled Caste category, is vacant and the petitioner is the only Scheduled Caste candidate in the waiting list, he is entitled to be selected on such post.

(2.) The petitioner had earlier filed a writ petition being WPSS No. 514 of 2013, which was disposed of by the learned single Judge of this Court vide order dated 14.05.2013, which reads as under :"

(3.) Now the representation of the petitioner has been decided vide order dated 22.07.2013 by respondent No. 2 in which the claim of the petitioner has been rejected on the ground that though his name figured in the waiting list, but the waiting list only survives for a period of one year and the petitioner is seeking appointment after a period of one year. It is this order which is challenged by the petitioner before this Court.