ASHOK KUMAR TRIPATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Ashok Kumar Tripathi aggrieved by the orders dated 9.11.2004 passed by the Central Administrative Tribunal dismissing his O.A. No. 10 of 1999, and dated 5.1.2007 rejecting his review petition has filed this writ petition under Article 226 of the Constitution of India.

(2.) THE relevant facts giving rise to present dispute are that in September, 1993, Kendriya Vidyalaya Sanghtan, Lucknow, (hereinafter referred to as K.V.S.) advertised 32 posts of Lower Division Clerk and 18 posts of Upper Division Clerk. THE petitioner applied and appeared in written examination held in September, 1994 and typing test held on 13.11.1994. A panel of 35 candidates was declared in May, 1995, which included 27 General, 5 Scheduled Caste (hereinafter referred as S.C.) and 3 Other Backward Classes (herein referred as O.B.C.) category candidates. THE name of the petitioner was at serial No. 25 in the list of General Category candidates. Respondents issued appointment letters to 21 candidates which included 14 General, 3 O.B.C. and 4 S.C. candidates. In the year 1996, 3 more candidates from the said panel were appointed which included 2 general and 1 S.C. candidate. Since there still existed vacancies but no more appointments were being made the petitioner filed O.A. No. 1490 of 1999 and after exchange of pleadings, the Tribunal dismissed application on 9.11.2004 holding that mere selection does not confer any right on the petitioner to claim appointment. THE petitioner filed a Review Application No. 109 of 2004 but the same has also been rejected vide order dated 5.1.2007.

(3.) FROM a perusal of the copy of counter-affidavit filed before the Tribunal by K.V.S., we find that admittedly 32 vacancies for Kendriya Vidyalayas located within the jurisdiction of Lucknow Region of K.V.S. were advertised. When the process of recruitment was going on, some of the part of Lucknow Region was separated by creation of a new region, i.e., Gwalior Region and a number of Kendriya Vidyalayas were placed thereunder, causing reduction of vacancies in Kendriya Vidyalayas remain in Lucknow Region. On account of reduction of vacancies only 21 appointments were made in Lucknow Region, i.e., 14 General, 3 O.B.C. and 4 S.C. candidates. Since life of the select list was one year and 3 more vacancies occurred in 1996, therefore, 3 more candidates from this panel were appointed which included 2 General and 1 S.C. candidates. In respect to Gwalior Region, the Assistant Commissioner, Lucknow sent proposal in 1996 sending names of remaining candidates from the said panel where from 7 candidates only could be appointed which are general.