Umesh Chandra Srivastava And ... vs State Of U.P. And Others
2011 Latest Caselaw 3576 ALL

Citation : 2011 Latest Caselaw 3576 ALL
Judgement Date : 5 August, 2011

Allahabad High Court

Umesh Chandra Srivastava And ... vs State Of U.P. And Others on 5 August, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 41524 of 2011
 

 
Petitioner :- Umesh Chandra Srivastava And Others
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Dinesh Pathak,Rakesh Pathak
 
Respondent Counsel :- C.S.C.,A.S.G.I.(2011/1350)
 

 
Hon'ble Rajes Kumar,J.

In pursuance of the advertisement dated 16.2.2011, the petitioners have applied for the post of Additional Program Officers. After the examination, the select list has been declared and the petitioners roll numbers were shown in the select list, which is Annexure-3 to the writ petition. By the impugned order dated 1.7.2011, the said select list has been modified and different roll numbers have been shown in the list. The roll numbers of the petitioners have not been shown in the select list. The reason given for the modification in the impugned order is that the policy and procedure provided under the Government Order dated 19.1.2010 and the Reservation Rule, 1974 have not been followed.

The contention of the petitioners is that it is not correct that the reservation quota has not been followed. In the advertisement itself, the reservation quota has been shown and the persons from the S.C. and O.B.C. have also been selected. The names of those persons have been given in paragraph-14 of the writ petition. He further submitted that the respondent has no jurisdiction/authority to modify the select list. In case of any irregularity or infirmity, the entire selection list has to be cancelled and a fresh selection can be made but the selection list cannot be modified.

The submission of learned counsel for the petitioners requires considerations.

Learned Standing Counsel accepts notice on behalf on respondent nos. 1 to 3 and Assistant Solicitor General of India accepts notice on behalf of respondent no. 4.

Issue notice to the newly added respondents. The petitioners may take steps to serve the newly added respondents.

Learned Standing Counsel prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

List in the week commencing 12.9.2011.

Till the next date of listing, the operation of the order dated 1.7.2011, Annexure-5 to the writ petition, shall remain stayed.

Order Date :- 5.8.2011