BAJRANG BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) These writ petitions were originally filed in Lucknow Bench of this Court being Civil Misc. Writ Petition No. 3538 of' 1989 and Writ Petition-No. 5433 of 1989 and were ultimately transferred to this Court under orders of Hon'ble the Chief Justice, as such both these writ petitions are being disposed of by a common judgment as common questions of fact and law are involved in these petitions.

(2.) The short question involved in these writ petitions is whether the High Court on its administrative side after lapse of one year i.e., panel life according to Government Rules could have made recommendations for appointment and the same was rightly rejected by the Government and in case it was not rightly rejected then the petitioner can claim benefit of the same? Another question which has crept in these writ petitions is whether after cancellation of the candidature of Shailendra Kumar on 15.12.1987 and V.K. Yaduvanshi on 10.2.1988, as they were unwilling to join the post, the appointments could be given after the lapse of one year to seniormost general category waiting list candidate and seniormost SC category waiting list candidate?

(3.) The leading case is Civil Misc. Writ Petition No. 6423 of 1990, Bajrang Bahadur Singh and Ors. v. The State of U.P. and Ors. The main prayer made by means of this petition is to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to appoint the petitioners on the post of Munsif on the basis of the list prepared by the Commission out of 1985 Munsifs Examination.