LAWS(ALL)-2007-7-205

KRISHNA KUMAR SAXENA Vs. DISTRICT JUDGE SHAHJAHANPUR

Decided On July 06, 2007
KRISHNA KUMAR SAXENA Appellant
V/S
DISTRICT JUDGE, SHAHJAHANPUR Respondents

JUDGEMENT

(1.) -The petitioner has knocked the door of this Court under Article 226 of the Constitution seeking the following reliefs :

(2.) AS per the case of the petitioner, he was empannelled in the Select List prepared on 24.5.1990 for the post of Process Server and Peons in the Subordinate Civil Court of Shahjahanpur.

(3.) PER contra, the contention of counsels for the respondents is that it is settled law that inclusion of name in the select list or the waiting list does not confer any legal right on a person to be selected even if the vacancies remain unfilled, as such, the petitioner has no right to claim his regular appointment. The life of the select list, as has been held in Sailesh Chandra Saxena's case (supra), being three years, after expiry of such period, the petitioner has no right to seek the relief of appointment. Moreover, the petitioner having acquiesed to the order of District Judge dated 30.9.1993 and order dated 30.4.1994 appointing respondent No. 3 or the appointment of similarly appointed persons, no relief can be granted to him. It is vehemently urged that the writ petition is liable to be dismissed.