In the absence of specific provision for a waiting list, candidates cannot claim appointment on vacancies left unfilled due to non-joining of selected candidates.

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Ashok Khare, learned Senior Counsel assisted by Mr. Rishi Kant Singh Chauhan, learned counsel for the petitioners and Mr. Pranav Ojha, learned Additional Chief Standing Counsel for the State-respondents.

2. Initially the writ petition has been filed with the following prayer:-

"(i) Issue a writ, order or direction in the nature of mandamus directing respondents to fill up all the 81 posts of Computer Operator available due to non-joining of the selected candidates of general category in pursuant to the advertisement dated 23.02.2016.

(ii) Issue a writ, order or direction in the nature of mandamus directing respondents to consider the vested, legitimate right of the petitioners against posts fallen vacant due to non joining of candidates."

3. The amendment application was moved which was allowed by order dated 07.12.2021 and the amended prayer is as follows:-

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 05.08.2021 passed by Respondent no.3 (Annexure No.8) to the writ petition to the extent of not considering petitioners for appointment against the available left out 60 posts."

4. Brief of the facts are that, the U.P. Police Recruitment and Promotion Board, Lucknow issued an advertisement dated 23.02.2016 notifying the recruitment of 1865 posts of U.P. Police Computer Operator. The petitioners belonging to general category, being fully qualified and eligible, applied for consideration, pursuant to the aforesaid advertisement. The petitioners were issued admits cards and after appearing in the written examination, they have declared successful and thereafter, they have also appeared in computer typing test. The final result/select list of the selection was published and after declaration of result the cut-off merit with regard to the individual categories of finally selected candidates were also notified on 21.12.2016.

5. From the perusal of the aforesaid cut-off merit, it is apparent that the last selected candidate in General category has secured an aggregate of 113.75 marks, the candidate selected under the O.B.C. category has secured 90 marks and the candidate belonging to Schedule Caste category has secured 80 marks whereas the candidate under dependent of Freedom Fighter category has secured 95 marks and for females the cut-off marks is marks is 81.25.

6. It is very much clear from the aforesaid cut-off marks that the petitioners have secured marks a little bit lower than the last selected candidate in the General category.

7. The selection in question is being done as per provisions of U.P. Police Computer Operator (Non-Gazetted) Staff Service Rules 2011 which was amended by first amendment of Rule 2015 (in short 2011). The petitioners being a little lower than in marks could not be selected as the respondents have taken stand that there is no provision for preparation of waiting list in U.P. Police Computer Operator (Non-Gazetted) Staff Service Rules 2011.

8. Learned counsel for the petitioners submits that out of total 1592 advertised posts only 1462 candidates have turned up for document verification meaning thereby 130 seats were still vacant which is also apparent from the letter dated 31.01.2019 as 130 vacant seats were available due to non turning up of candidates for documents verification. The aforesaid seats should have been filled by the number of petitioners being next in merit.

9. Due to non consideration of claim of the petitioners, Writ Petition No.23016 of 2017 was filed and the Hon'ble Court, vide order dated 03.12.2019 was pleased to allow the writ petition and direct the respondents to consider the claim of the petitioners against unfilled vacancies.

10. The operative portion of the order dated 03.12.2019 is as follows:-

"Accordingly, with the consent of parties of present writ petition as well as other connected, all the writ petitions are disposed of asking the Competent Authority to look in to the grievance of the