SYED ABDUL KAREEM Vs. DISTRICT JUDGE GUNTUR

JUDGEMENT

(1.) The petitioner seeks in this writ petition a direction in the nature of mandamus directing the respondent to appoint him as Process-Server in the existing vacancies in the unit of the District Judge, Guntur, by declaring the inaction of the respondent in not appointing the petitioner as Process-Server in the existing vacancies, as arbitrary and discriminatory.

(2.) According to the petitioner, he applied for the post of Process-Server in the year 1996 when notified by the respondent, and in the selection process he passed the written test and he was called for the interview and in the merit list prepared ultimately, he was No.4, which list was approved by the High Court in the month of December, 1997. It is his further case that three vacancies pertaining to OC category having been filled up from the merit list he is No.1 in the waiting list. The petitioner further claims that he possessed driving licence for driving the heavy goods vehicle and proficiency certificate issued by the Bharat Scouts and Guides and Readers Research Modern Institute, Bajajnagar, Jaipur. His grievance is, although there were several vacancies of Process-Servers in the Unit of the 1st respondent, despite several representations made by him, he has not been appointed and instead the respondent is going to call for fresh applications for filling up the vacancies of Process-Servers.

(3.) The respondent in his counter-affidavit while denying the allegations of the petitioner inter alia has stated that as against three vacancies of OC category and two vacancies of SC category, altogether five vacancies of Process-Servers, candidates have been selected on merit basis and the petitioner has not been selected. It has been further stated that it has not been notified that there would be a waiting list and that the same would be in force for one year, nor it has been affixed in the notice board nor communicated to the petitioner and that the petitioner who has secured only 36 marks has not been selected.