CHANDAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has filed this writ petition basically in the nature of quo warranto for ousting the respondent Nos. 4 to 22, from the office and post of Additional Civil Judge (Jr. Div.) forthwith, with a further prayer for issuance of writ, order or direction in the nature of certiorari quashing the impugned order dated 10th July, 2008 and order dated 16th April, 2009. He also sought for a direction in the nature of mandamus commanding the respondent Nos. 1, 2 and 3 to appoint the petitioner as Additional Civil Judge (Jr. Div.). The petitioner has relied upon a Supreme Court judgment reported in, JT 2007 (2) SC 534 Sanjay Singh and Anr. v. U.P. Public Service Commission, Allahabad and Anr., 2007 2 JT 534,(SC) wherein the scaling system was challenged. However, the Supreme Court has come to a conclusion to give appointment to Archana Rani, a petitioner, on the basis of the marks obtained by her being more than the marks obtained by the last selected candidate under the Scheduled Caste category, and after adding interview marks, her candidature should be considered for appointment. Such Archana Rani has been given appointment under one of the order impugned dated 10th July, 2008. Even at the time of granting the relief the Supreme Court has held in such judgment as follows:

(2.) According to the petitioner advertisement was made for 347 posts. The selection has been made and Supreme Court has approved the selection but they are only on the basis of the contempt application arising out of the matter of Sanjay Singh (Supra) in Civil Misc. Writ Petition No. 51491 of 2007,which was disposed of on 17.01.2008. Penultimate paragraph is as follows:

(3.) According to the petitioner that contempt petition about the appointment in relation to matter of Sanjay Singh (Supra) is pending.