CHANDRA SHEKHAR Vs. DISTRICT JUDGE BANDA

JUDGEMENT

(1.) VINEET Saran, J. In response to an advertisement issued by the District Judge, Banda on 13-9-1989 for filling up 14 vacancies and also for future vacancies, a list of 20 selected candidates was to be prepared, for which applications were invited. The petitioners and other persons had applied. After selection process, an approved list of 40 persons had been prepared in which the names of the petitioners found place at Serials No. 26, 30, 32 and 36. It has been submitted that out of the said list, 24 persons had been given appointment and the last few appointments were given as late as in the year 1994. Even the person placed at Serial No. 27 has been given appointment ignoring the petitioner No. 1 who was placed at Serial No. 26. On the petitioners not being given appointment even though they were in the approved list, they filed representations before the respondents. When nothing was done, they filed this writ petition with the prayer for a direction in the nature of mandamus commanding the respondent No. 1, the District Judge, Banda to give them employment as Class III employees in the District Judgeship of Banda.

(2.) I have heard Sri Shesh Kumar, learned Counsel appearing for the petitioner as well as Sri S. P. Singh, learned Counsel appearing for the respondents and have perused the record.

(3.) FROM perusal of the advertisement it is clear that on the date the advertisement was issued, there were only 14 vacancies on Class III posts. As per the said advertisement, after considering the future vacancies, a list of selected candidates for appointment on 20 posts was to be prepared. In accordance with the same, a list of double the number of such existing and future posts was prepared, which is termed as approved list. It is settled law that appointments can be made only on notified vacancies. In the present case the vacancies which existed on the date of the advertisement were only 14. However, 20 posts had been notified in the advertisement after taking into account some future vacancies. Without going into the questions as to whether the future vacancies could have been notified or not, I shall proceed to consider this case as if there were 20 vacancies which had been notified.