SHIV BAHADUR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Siddhartha Khare, learned counsel for the petitioner and the learned Standing Counsel for the respondents.

(2.) PRESENT petition has been filed with the prayer of quashing of order dated 16.5.2005 issued by the Commanding Officer, 16th Battalion Allahabad as also the decision taken by the NCC Directorate referred to in the order dated 16.5.2005. Further prayer for mandamus is sought for commanding the respondents to grant appointment to the petitioner on the post of Driver in 16 U.P. Battalion, NCC, Allahabad on the basis of selection committee held on 16.2.2005 in pursuance of the advertisement dated 17.1.2005.

(3.) THE petition was heard on 6.7.2005 and by granting time to the learned Standing Counsel to file counter affidavit, it was directed that till 19.7.2005 no appointment on the post of Driver shall be made. The order sheet indicates that the interim order was extended from time to time and lastly by the order dated 27.9.2007 it was extended till further orders of this Court. Order sheet further indicates that the petitioner made a prayer on 30.10.2009 to the Court that he may be permitted to delete respondent no. 5 from the array of the parties. On the request made by the learned counsel for the petitioner, the prayer was allowed and the private respondent no. 5 was deleted from the array of parties. As a result of which the personal allegations against respondent no. 5 and prayer no. 3 sought in the writ petition against respondent no. 5 require no adjudication.