BHUPENDER SHARMA Vs. DISTRICT AND SESSIONS JUDGE PRATAPGARH

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioners seeking appointment as Lower Division Clerks pursuant to an advertisement issued by District and Sessions Judge, Pratapgarh dated 10. 05. 2001. By the said advertisement, applications were invited. After scrutiny of applications, competitive examinations were held and it is claimed that the petitioners were declared successful. Having been declared as successful, petitioners were entitled to face type test which was also conducted and a list of selected candidates was prepared.

(2.) IN the notification dated 10. 05. 2001 it was stated that there are six posts of LDCs vacant and in future, some vacancies are anticipated to occur. IN the notification, this was also stated that out of these posts which have been advertised, three posts are reserved for Scheduled Caste and three for Scheduled Tribes. This was also stated that the posts may be filled up from other methods viz, promotions from IV th class and by transfer etc. A panel will be prepared of the successful candidates which will to be effective for one year.

(3.) THE answering respondent has further stated that appointment from the waiting list may be given upto the extent of 50 per cent of the posts advertised. This has also been contested that any person figuring in the select list has no indefeasible right to get appointment. THE answering respondent has submitted that the advertisement issued on 15. 07. 2002 was issued in relation to the posts which occurred after the issuance of advertisement dated 10. 05. 2001. Since the posts were advertised after appointment, petitioners cannot claim any right against the anticipated vacancies. Petitioners cannot claim appointment as a right. Learned counsel for the respondents has further submitted that vacancies which are claimed to have been anticipated when the advertisement was issued, in fact, occurred due to various circumstances and a perusal of Annex. R/1 goes to show that due to inter-district transfers on 22. 05. 2001, three vacancies fallen vacant and two posts became vacant on 04. 07. 2001 due to promotion of two LDCs. One LDC namely, Mangilal Rao was to be retired on 31. 07. 2001. By other inter-district transfer orders dated 15. 12. 2001, 30. 01. 2002 and 01. 02. 2002, 3,2 & 2 posts of LDCs respectively again fell vacant. Two posts of LDCs again became vacant due to inter-district transfer on 01. 02. 2002 and one post on 16. 03. 2002. Three posts became vacant due to death of Nanuram Regar on 25. 06. 2002. Thus, it is clear that these 23 vacancies could not have been anticipated on 10. 05. 2001 when the said advertisement was issued.