VIKASH SHUKLA Vs. HIGH COURT OF M P

JUDGEMENT

(1.) Shri Aditya Sanghi, learned counsel for the petitioner.

(2.) In the instant writ petition filed under Article 226 of the Constitution of India, the petitioner come up for issuance of a writ of mandamus commanding the respondent to appoint the petitioner on the post of Civil Judge Class-II as per his merit against the post reserved for the Scheduled Tribe category as 9 posts reserved for the Scheduled Tribe category candidates are lying vacant on account of non-availability of candidates belonging to that category.

(3.) Facts giving rise to filing of the instant writ petition briefly stated are that the petitioner is an advocate of this Court and practicing since 2007. He appeared in the examination for selection and appointment on the post of Civil Judge Class-II in the year 2010. The petitioner was placed at Serial No. 3 of the waiting list, therefore, not being in the main list, he was not given appointment. It appears that 9 posts, which were reserved for Scheduled Tribe category candidates could not be filled up on account of non-availability of Scheduled Tribe candidates. It is submitted by the petitioner that these 9 posts reserved for Scheduled Tribe candidates which are lying vacant may be directed to be filled up from amongst the selected and wait-listed candidates belonging to the general category. Learned counsel for the petitioner, vehemently, contended that since the petitioner is at Serial No. 3 of the waiting list, he may be considered and given appointment against the aforesaid 9 posts which are lying vacant.