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SARAL SRIVASTAVA
Priyadarshini Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Durga Prasad Singh, learned counsel for the petitioner, Sri Shrawan Kumar Dubey, learned Additional Chief Standing Counsel for the State-respondent nos.1 & 2 and Sri M.N. Singh, learned counsel for the respondent no.3.
2. The petitioner through the present writ petition has prayed for a writ of mandamus directing the respondent no.1-Additional Chief Secretary (Basic Education), U.P. Government, Lucknow to publish a waiting list for the post of Block Education Officer (Khand Shiksha Adhikari) and further direction to select the petitioner on the post which remains vacant on account of non-joining of selected candidates.
3. The facts in brief of the case are that U.P. Public Service Commission, Prayagraj (hereinafter referred to as 'Commission') published a Notification No.A-4/E-1/2019 dated 13.12.2019 for 309 posts of Block Education Officer. The petitioner possessing the requisite qualifications, applied to be considered for the said post. The petitioner was issued an admit card bearing Roll No.012946. She
The main legal point established in the judgment is that the action of the respondents in not preparing a waiting list in compliance with Rule 15(3) of Rules 1992 was arbitrary and against the spirit....
Sub-clause (vi) of Rule 277A of Rules of 1996 read as Authorized Agency shall prepare category wise select list of candidates declared successful on basis of criteria of selection laid down.
Selection boards have discretion to prepare waiting lists up to 25% of vacancies, not mandated to reach exactly that number, ensuring reasonable timelines for the recruitment process.
Selected candidates do not have an indefeasible right to be appointed, and executive instructions cannot override statutory rules.
Waiting list candidates entitled to appointment for vacancies within validity period, tolled by judicial proceedings; cannot be denied arbitrarily.
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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