BIPIN KUMAR CHOUDHARY Vs. THE RAJENDRA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) Petitioner wants a mandamus to be issued upon the respondent Rajendra Agricultural University to appoint him on the post of a Field Overseer/Field man as per the assertion made in the writ application. Petitioner was one of the candidates, who applied and came to be shortlisted after interview, as would be evident from Annexure- 2 to the writ application. Name of the petitioner figured at serial no.14 in the merit position. 13 persons came to be appointed from the general category. Petitioner missed out the opportunity for such appointment because of the merit position where he stood. However, as per the petitioner one Lakshman Prasad Yadav, who was also shortlisted and was at serial no.11 of the merit list, resigned from the post of Field

(2.) Learned counsel for the petitioner relies on two decisions reported in (Md. Kalimuddin & ors. Vs. the State of Bihar & ors. and (2000) 3 SCC 699 (State of U.P. Vs. Ram Swarup Saroj) on the principle that if a claim has been raised during the subsistence of the life of the panel and if a grievance has been raised or issue agitated before the Court, the expiry of the life of the panel will not come in the way of the petitioner 's claim being maintained or a relief being granted, if a case was made out.

(3.) The two decisions in no manner help the case of the petitioner because the principles of law are dependent on the facts based on which assertions have been made. There is no dispute that based on Annexure- 2, appointments came to be made on the post of Field Man. Those selected were offered the appointment letter. They all joined and they are working except for one Lakshman Prasad Yadav, who decided to resign. It is this vacancy which the petitioner is claiming through the present writ application.