RAJEEV KUMAR Vs. ADHYAKSHA ZILA PANCHAYAT KANPUR DEHAT

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and Sri A.K. Sachan and Sri P.C. Srivastava, learned Counsel who appears for the respondents.

(2.) CHALLENGE before this Court is the order dated 26 -8 -97 passed by the Respondent No. 1 (Annexure -5 to the writ petition). It appears that the petitioner is claiming his appointment as a Clerk in clear vacancy in the office of Zila Panchayat Kanpur Dehat, Petitioner having been dis -continued from service approached this Court by filing writ petition i.e. Writ Petition No. 131108 of 1997 which was disposed of by the judgment dated 21 -4 -97. This Court directed for deciding of the representation in accordance with law. It is in pursuance of this direction respondent No. 1 moved and took impugned decision which made the petitioner aggrieved to come up to this Court.

(3.) IN view of the aforesaid finding by the Respondent No. 1 in its order and the material as exist on the record as has been filed by the petitioner himself clearly indicates that it is just on the basis of noting of the officials in the interest of the Zila Parishad, the petitioner was given appointment. In view of the aforesaid there remains no dispute that petitioner was never given appointment after following procedure of there being due advertisement, taking recourse of selection process, giving opportunity to large number of similarly situated candidate and even much meritorious candidates than the petitioner. On the facts, appointment of which continuance is being claimed by the petitioner can be only termed as back door entry to which this Court cannot be a party. The appointment which is being claimed by the petitioner is not in the interest of public employment and in the event in this manner the candidate is permitted to be appointed and to continue, this will be in clear violation of the mandate of the constitution. Keeping in mind the problem of unemployment which is increasing day by day it is in the interest of justice that appointment should take place after affording opportunity to every eligible candidate to take his chance by participating therein. It is also in the interest of the concern department that in the event large number of participants are there then they will have better chance to select comparatively meritorious candidate rather appointing a less meritorious candidate.