STATE OF UTTAR PRADESH Vs. SUNIL KUMAR

JUDGEMENT

(1.) This special appeal has been filed against the judgment and order, dated 7.10.2002, of a learned Judge, by which the petition filed by the respondent has been allowed only on the ground that he had not been given an opportunity of hearing before cancelling his appointment/training on the post of Constable.

(2.) The facts and circumstances giving rise to this case are that the appellants issued an advertisement advertising 5225 vacancies of Constables in Civil Police. The petitioner-respondent applied in pursuance of the same. His candidature was considered and he was selected. However, he was not sent for training on the ground that he was not eligible to be selected in the reserved category of Scheduled Tribes for the reason that he belonged to the Meena community, which is a Scheduled Tribe in the State of Rajasthan, but not in State of Uttar Pradesh. Feeling aggrieved, he filed the writ petition which has been allowed by the learned Single Judge only on the ground that no show cause notice was given to him before cancelling his candidature. Hence, this special appeal.

(3.) Undoubtedly, in the instant case, petitioner had not been given any notice, or opportunity of hearing before passing the order of cancellation of appointment/training. In S.L. Kapoor v. Jagmohan and Ors., AIR 1981 SC 136, the Hon'ble Supreme Court has observed that where on admitted, or undisputed facts, only one conclusion is possible and under the law only one penalty is permissible, the Court may not issue the writ to compel the observance of the principles of natural justice, as it would amount to issuing a futile writ.