VIJAY NARAIN SHUKLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The relief claimed in this petition is for a writ of mandamus to direct the respondent No. 2 to appoint the petitioner as class III employee in pursuance of the advertisement in the Judgeship of Jaunpur on the post reserved for retrenched Army personnel.

(2.) In pursuance of an advertisement in the daily newspaper dated 24.7.1997 inviting applications for appointment to the post of clerk in the Judgeship at Jaunpur, the petitioner applied in the reserved category of Ex. Army personnel and he also appeared in the written test. He was not selected and thus has filed this writ petition on the ground that he was the sole Ex. Army personnel who had applied in pursuance to the advertisement and as such the respondents ought to have appointed him.

(3.) In the counter affidavit it is stated that though the petitioner was the sole candidate, he obtained only 40 out of 200 marks as noted below: