Advocates:
['GULREZ KHAN', '', 'FAISAL HASAN ABIDI', 'SHIVENDRA KUMAR', 'C S C', '', 'ABHISHEK SRIVASTAVA']

Court No. - 3

Case :- SPECIAL APPEAL DEFECTIVE No. - 747 of 2021

Appellant :- Rajendra Kumar Arya

Respondent :- State Of U.P. And 4 Others

Counsel for Appellant :- Gulrez Khan,Faisal Hasan Abidi,Shivendra Kumar

Counsel for Respondent :- C.S.C.,Abhishek Srivastava

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned counsel for the petitioner-appellant and learned counsel for the respondents.

This special appeal has been filed challenging the order of the learned Single Judge dated

17.12.2020 in Writ-A No.10724 of 2020 (Rajendra Kumar Arya vs. State of U.P. and 4

others). The relevant portion of the impugned order of the learned Single Judge dated

17.12.2020 is reproduced below:

"It is not in dispute that the appointment of the petitioner has been cancelled by the respondent

No. 5 on 28.5.2018 in compliance of the judgement of this Court dated 7.10.2017 passed in Writ A

No. 41750 of 2015. The petitioner has neither assailed this order nor the revised select list. Since

there is delay of about 2 and 1/2 years and all the candidates who have been selected in the

revised select list have been given appointment and have joined their respective posts as third

party rights have intervened, therefore, even if the petition is allowed, there is no vacancy on

which the petitioner can be appointed. Therefore, the delay in approaching this Court is vital. In

view of the above facts, this Court is of the opinion that the writ petition deserves to be dismissed

on the ground of delay and latches in filing the writ petition.

So far as the contention of counsel for the petitioner that the direction of the respondents is

arbitrary and illegal as persons like the petitioner has been selected. The pleading in this respect

has been made in paragraph No. 29 of the writ petition which is being extracted hereinbelow:-

"29. That the respondent No. 3 i.e. Commission issued an Office Memorandum dated 7.7.2018

containing list of 111 selected candidates. It is reflected from the said list that the Commission has

selected 11 candidates who possess qualification equivalent to CCC certificate. A copy of the O.M.

dated 7.7.2018 issued by the respondent No. 3 is being filed hereinwith as Annexure No. 11 to this

writ petition."

A perusal of the paragraph-29 of the writ petition shows that pleading in respect of discriminatory

action of the respondents is vague inasmuch as name of persons who possess higher qualification

like the petitioner who have been selected is not mentioned, therefore, this ground is also not

tenable.

It is also pertinent to mention that the matter has travelled up to the Supreme Court and the

cancellation of select list in which petitioner was appointed was upheld by the Supreme Court,

therefore, this Court cannot grant the reliefs as claimed by the petitioner.

For the reasons given above, the writ petition lacks merit and is accordingly dismissed."

Learned counsel for the petitioner-appellant has invited attention of this Court to paragraphs-

34 and 35 of the writ petition and we find that explanation for delay of about two and half

years is totally lacking. Therefore, the finding of the learned Singe Judge on the point of

latches, requires no interference. So far as the allegation of discrimination is concerned, we

find that the petitioner was holding diploma in electrical engineering but he was not holding

the required qualification. Therefore, the question of discrimination does not arise at all.

Considering the entire facts and circumstances of the case, we do not find any merit in this

special appeal. The impugned order of the learned Single Judge does not suffer from any

infirmity.

For all the reasons afore-stated, the special appeal is dismissed.

Order Date :- 30.11.2021

NLY