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RAJESH BINDAL, PIYUSH AGRAWAL
Mashkoor Hasan – Appellant
Versus
State of U. P. – Respondent
ORDER :
RAJESH BINDAL, C.J.
1. The present intra-court appeal has been filed impugning the interim order dated August 11, 2021 passed by learned Single Judge of this Court in a writ petition filed by respondent No.7.
2. Mr. Arvind Kumar Pandey, learned counsel appearing for respondent No.7 raised a preliminary objection regarding maintainability of the present appeal against the interim order passed by learned Single Judge. In support of his arguments, he relied upon a Division Bench judgment of this Court in Special Appeal No. 1115 of 2019 (Har Nath Singh Vs. State of U.P. and others), dated November 1, 2019.
3. Mr. Radha Kant Ojha, learned Senior Counsel appearing for the appellant submitted that an advertisement was issued for selection and appointment to the post of Principal in various institutions including Rani Avanti Bai Inter College, Marhara, District Etah (hereinafter referred to as the ‘College’) in the year 2002. Select list was notified on September 29, 2003. So far as the select list of the College is concerned, Dr. Dinesh Vashishth was at Sr. No.1 whereas Sudhir Kumar Gupta was at Sr. No. 2 and the appellant was at Sr. No. 3 in the merit list.
4. A writ petition was file
Point of Law : State do not dispute the proposition of law that after a candidate from the select list joins service, the selection process comes to an end and the waiting list cannot be acted upon a....
The expiration of a select list due to inaction and erroneous decision of the authorities cannot deprive a selected candidate of appointment.
Waiting list candidates entitled to appointment for vacancies within validity period, tolled by judicial proceedings; cannot be denied arbitrarily.
The waiting list candidates have the right to claim appointment if the candidates from the main list do not join, and the State must provide justifiable, non-arbitrary reasons for not filling up the ....
A candidate's inclusion in a select list does not confer an indefeasible right to appointment; the authorities have discretion in the selection process.
The petitioner's claim for appointment on the post of JLO from the reserved waiting list was found to be valid as he approached the Court before the expiry of the wait list, and the Court allowed the....
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