BRIJENDRA KUMAR Vs. DISTRICT

JUDGEMENT

(1.) Heard Sri V.P. Singh Kashyap, learned counsel for the petitioner and Sri Pankaj Rai, learned Additional Chief Sanding Counsel appearing on behalf of the respondents. The petitioner appeared in the direct selection for the post of Gram Vikas Adhikari in District Budaun. The result was declared on 19.3.1999. The petitioner was O.B.C. candidate. He was in waiting list of O.B.C. category. His name was placed at serial No. 2. According to the petitioner, the waiting list has been amended and as per amended result dated 30.1.2000, the petitioner was placed at serial No. 3.

(2.) It appears that two selected candidates of O.B.C. category could not join and, therefore, two persons, who were at serial Nos. 1 and 2 of the waiting list, have been selected. It is the case of the petitioner that one Sri Manoj Kumar Sharma. who was placed at serial No. 2 of the waiting list of O.B.C. category could not Join and. therefore, the petitioner, who was placed at serial No. 3 should be selected and in this regard the petitioner filed a representation dated 19.3.2000. When the representation was not decided, the petitioner filed the present writ petition.

(3.) Counter-Affidavit has been called. However, during the pendency of the writ petition, the representation of the petitioner has been decided by the Commissioner, Gram Vikas Vibhag, U.P. vide order dated 7.3.2003 and the representation of the petitioner has been rejected. The said order dated 7.3.2003 passed by the Commissioner, Gram Vikas Vibhag, U.P. is being challenged by way of amendment application. The amendment application has been allowed. The Commissioner, Gram Vikas Vibhag, U.P. by the impugned order dated 7.3.2003 has declined the claim of the petitioner on the ground that the waiting list was valid only for one year which has been expired and by the Government order No. 1642/33-1-99 dated 12.4.1999, the Gram Vikas Adhikari cadre has been declared as a dead cadre and, therefore, the petitioner being the candidate of waiting list cannot be appointed.