SHYAM BABU Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri H.P. Sahi holding brief of Shri V.K. Singh, learned counsel for the petitioner, Shri Ritesh Upadhyay learned counsel appearing for respondent no.4 and learned standing counsel appearing for respondent no.1& 2.

(2.) AT the outset learned counsel appearing for respondent no.4 has raised a preliminary objection as to the maintainability of writ petition on the ground that the petitioner is neither holding the post in question nor has he participated in the selection process for appointment on the post in question. It is further argued that a writ of certiorari would not be maintainable at the instance of a person who is not aggrieved. The preliminary objection raised by the learned counsel for respondent no.4 deserve to be looked into in the background of factual position as follows:

(3.) THERE are three clerical posts in the institution, i.e. 1 Head Clerk and 2 Assistant Clerks. One post of Assistant Clerk fell vacant in the year 2000 due to retirement of one Shri Ram Nath Prasad on 31.1.2000. The vacancy which arose due to retirement of Shri Ram Nath Prasad was initially proposed to be filled up by promotion in the month of June 2000 and thereafter the same vacancy was advertised for being filled up through direct recruitment. The District Inspector of Schools is said to have granted approval for advertising the vacancy, consequently the advertisement was issued in response to which respondent no.4 participated in the selection and was selected. Before the said selection was finalised and acted upon, one Shri Johdi Prasad was promoted who started working on the post against which the process of selection by direct recruitment was also commenced simultaneously. The respondent no.4 being a selected candidate in response to the advertisement made in the month of August 2000, on being denied the right of appointment in preference to Shri Johdi Prasad who was promoted, approached this Court by means of Civil Misc. Writ Petition No.41704 of 2001 which was disposed of by order dated 22.1.2007. The relevant extract of the order is reproduced below : -