DEVESH KUMAR SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for issuing a writ of mandamus directing the respondents to grant forthwith appointment to the petitioner on Group-C post in district Etawah on the basis of the selection of the year 2001 against the unfilled vacancy on account of non-joining of one selected candidate and for further issuing a writ in the nature of certiorari quashing the order dated 27.3.2003 passed by the District Magistrate, Etawah.

(2.) The facts arising out of the writ petition are that an advertisement was issued by the District Magistrate, Etawah on 28.8.2001 inviting applications for filling up Group-C posts in the different departments of the district. A copy of the said advertisement has been filed as Annexure-l to the writ petition. The petitioner being fully qualified and eligible also applied on the basis of the said advertisement and the petitioner was allotted Roll No. 14003235. A written examination was held on 7.10.2001 and the petitioner participated and declared qualified. By means of communication dated 9.12.2001 issued by the Addl. District Magistrate, the petitioner was directed to appear in the typing /Stenography test on 13 12.2001 I lie petitioner participated in the aforesaid typing test and qualified the same The final result of the aforesaid selection was not declared immediately on account of some order issued by the State Government for prohibition dated 21.12.2001 The ban was lifted by order-dated 176 2002 Then the respondents in pursuance of the lifting of the prohibition on appointments. the steps were taken for appointment by respondents on the basis of the Selection held It was only in the first week of May 2003, the appointment orders were issued to the selected candidates.

(3.) According to the information of the petitioner one Saroj Kumar Dixit whose roll number was I770 was also selected under a general category candidate and an appointment letter was issued in his favour but he failed to join on account of the fact that he was already employed in the National Thermal Power Corporation. Narora. district-Bulandshahr To the best knowledge of the petitioner Sri Saroj Kumar Dixit declined to join in pursuance of the appointment letter issued in his favour. In view of the aforesaid fact, there existed one vacancy. The petitioner who was entitled to grant an appointment against the said vacancy on account of non-joining of Saroj Kumar Dixit as the petitioner has secured 115 marks in the selection while the person who secured 116 marks namely Alok Shakya has already been granted appointment, but as the respondents have not considered the case of the petitioner for appointment, the petitioner filed a representation dated 7.6.2003 before the Addl. District Magistrate. As no action was taken and in spite of the repeated requests made by the petitioner, no appointment letter has been issued though the petitioner was entitled to be appointed as it is clear that one vacancy due to the non-joining of one selected candidate existed.