MAHESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) -That an advertisement dated 19.6.2003 was published in daily newspaper Dainik Jagran inviting applications for appointment on two posts of Junior Clerk and one post of Stenographer reserved for Scheduled Castes and Scheduled Tribes candidates in the office of the District Magistrate, Pratapgarh. Petitioner alleges to be possessed of requisite qualification and a member of Scheduled Castes, he accordingly applied for the post of Stenographer. It is alleged that written examination, test of Stenography and thereafter interview took place on 29.6.2003.

(2.) THE result of the said selections was not declared, therefore the petitioner approach this Court by means of Writ Petition No. 55341 of 03. THE writ petition so filed by the petitioner was disposed of with liberty to the petitioner to file a representation and the Commissioner, Allahabad in turn was directed to decide the same within the time specified.

(3.) STANDING counsel submits that a subsequent advertisement was published against which the petitioner applied again for the post of typist and since he could not achieve the required speed, he has not been called for interview. In paragraph 14 of the counter-affidavit it is stated that under the Government order dated 21.6.2003, the procedure for selection having been altered, the decision was taken to cancel the selections. It is stated that mere participation in selection does not confer any right and it is open to the State respondents to cancel the selection at any point of time. Lastly it has been stated that the appointing authority with regard to the post of Stenographer is the Commissioner of the Division and, therefore, the earlier selection process started which was started by the District Magistrate was also illegal.