A single judge bench of the Justice Manoj Kumar Tiwari of Uttarakhand HC has dismissed the writ petition in view of the unequivocal stand taken by the respondents that no further reserved vacancy is available to S.C. category candidate, stating the relief, as claimed by the petitioner, cannot be granted.
Facts:
The present writ petition is filed to issue a writ order or direction in the nature of certiorari quashing the order dated 17-1-2019 passed by the Secretary Uttarakhand Technical Education Board or give direction in the nature of mandamus directing the respondents to include the name of the petitioner in the selection list for the post of Driver against the vacant post of S.C. category candidate in pursuance of the advertisement dated 20-12- 2011 for the Post Code G30 (Vehicle Driver) in selection process initiated for Group C post called Group C Combined Civil Service Examination 2011 and give appointment. It is mentioned in the impugned order that certain candidates could not be placed in the select list on account of less number of vacancies in the respective category and petitioner’s roll number is also mentioned in the said order.
The petitioner submitted that submitted that 2 reserved vacancies for S.C. category are yet to be filled, therefore, petitioner has a vested right of appointment against one of those 2 vacancies. Learned counsel for the petitioner further contends that petitioner scored 67.75 marks out of 100 in the selection process, which is equal to the marks scored by last selected candidate in S.C. category, therefore, petitioner has a vested right of appointment against one of the two unfilled vacancies. On the other respondent has drawn attention of this Court to paragraph no. 11 of the counter affidavit filed on behalf of respondent no. 2, where it is stated that after appointment of Vikram Singh and Rajesh Singh against vacancies reserved for S.C. category, there is no further vacancy available to S.C. category candidate.
Observations of the Court:
The court observed that in view of unequivocal stand taken by the respondents that no further reserved vacancy is available to S.C. category candidate, the relief, as claimed by the petitioner, cannot be granted. It is not his case that any person, having lower score of marks has been appointed. It is also not his case that a person, who is not eligible for appointment as Driver has been appointed. Admittedly, the S.C. category candidates, who have been appointed so far, have scored more marks in the selection process. In the absence of any reserved vacancy available, no direction can be issued to appoint the petitioner as Driver.
Decision:
The present writ petition is dismissed in view of the unequivocal stand taken by the respondent regarding the absence of any reserved vacancy available.
Case: Praveen Salera vs State of Uttarakhand
Citation: WPSS No. 141 of 2020
Coram: Justice Manoj Kumar Tiwari
Dated: 02.11.2022
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