RAVINDRA NATH RAI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed against the impugned order dated 2-12-1996, Annexure 2 to the writ petition and the decision which is Annexure 3 to the writ petition, and for a mandamus directing respondent No. 1 prepare a waiting list of selected candidates of Sub-Inspector Civil Police Examination of 1991.

(2.) I have heard learned counsel for petitioners and learned standing counsel.

(3.) The facts of the case are that 475 posts of Sub-inspector, Civil Police for males and 50 for females were advertised in October, 1991. The petitioners appeared in this examination and they have alleged that they have qualified in the same but since no waiting list was prepared in pursuance of the letter dated 2-12 1996 of the D. I. G. (Karmik), U.P. they were not considered for appointment, The short question is whether there should be any waiting list. This point has been considered by a learned Single Judge in Writ Petition No. 18930 of 1989, Santosh Kumar Singh v. The State of U.P. and Ors., decided on 15-3-1991. A copy of the said judgment is Annexure 4 to the writ petition. This point has also been considered by the Supreme Court in Jai Narain Ram v. State of U.P. and Ors., AIR 1996 SC 703. In this decision it has been held that a waiting list should have been prepared so that if some of the selected candidates do not join for some reason then the Person in the waiting list can be considered.