VIRENDRA KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) VIKRAM Nath, J. This writ petition has been filed with a prayer to quash the Office\memorandum dated 31-1-2003 by which the representation of the petitioner was rejected by the State Government and further for quashing the Advertisement dated 20-9-2002 published in the Employment news. The second prayer Is for issuing a direction in the nature of mandamus commanding the opposite parties to give appointment to the petitioner against the vacancies existing for the year 1997 for the post of Child Development Project Officer.

(2.) THE State Government issued Advertisement No. A-6/e-1/97-98 inviting applications for filling up the posts of Zila Karyakram Adhikari (District Programme Officer) and Bal Vikas Pariyojana Adhikari (Child Development Project Officer ). THE said advertisement was published in the newspapers, pursuant to which the petitioner applied and was allotted Roll No. 010704. THE petitioner appeared in the written examination which was held In April, 1998 the result of which was declared on 13-10-1998 in which the petitioner was declared successful. THE petitioner was called for interview by the U. P. Public Service Commission and he was Interviewed on 7-11-1998.

(3.) THE submission of the learned Counsel for the petitioner is that the respondents committed illegality in not issuing appointment letter to the petitioner. According to him from the declared list of successful candidates more than ten had not joined within the period of one year which was the life of the select list/waiting list and, therefore, the petitioner should have been offered the appointment. THE petitioner had been agitating for his claim from the very beginning and the respondents having not taken any timely action in this regard and having not acted in time by not issuing the appointment letter cannot subsequently turn around and say that as the life of the select list has expired due to the fact that more than one year has elapsed, therefore, the petitioner cannot be issued the appointment letter.