Sonipal vs Chief Executive Officer And 3 ...
2021 Latest Caselaw 9671 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 556 of 2021
 

 
Appellant :- Sonipal
 
Respondent :- Chief Executive Officer And 3 Others
 
Counsel for Appellant :- Anil Kumar Pal,Ramesh Chandra Dwivedi
 
Counsel for Respondent :- Satish Kumar Rai
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Subhash Chandra Sharma,J.

Order on Civil Misc. Exemption Application No.1 of 2021

Exemption Application is allowed.

The appellant is exempted from filing the certified copy of the order dated 16.07.2021 passed in Civil Misc. Writ Petition No.7554 of 2021 (Sonipal Vs. Chief Executive Officer Cantonment Board, Prayagraj and others).

Order on Special Appeal

By this appeal, a challenge is made to the judgment and order dated 16.07.2021 whereby the writ petition preferred by the petitioner was dismissed. The writ petition was filed to seek a direction for appointment pursuant to the select list dated 15.10.2010. The learned Single Judge dismissed the writ petition finding that the post on which appointment was to be given, an advertisement was issued by the contractor but agreement for it was terminated due to Covid-19 pandemic because schools could not run so as to engage the person on different posts. The record does not show an advertisement by the Cantonment Board for appointment but it is a fact that select list was issued by the Cantonment Board which is on record. The fact, however, remains that mere placement of the petitioner in select list does not create a right of appointment, rather discretion lies with Appointing Authority and in the present case the discretion for appointment was not exercised looking to the closer of the schools due to Covid-19 pandemic. A decision was rather taken by the Cantonment Board to cancel the agency as well as the advertisement issued by it, therefore, a right of appointment could not have been claimed by the appellant, thus we don't find any error in the judgment.

Accordingly appeal fails and is dismissed.

Order Date :- 5.8.2021

Ashok Gupta

.

(Subhash Chandra Sharma,J.) (Munishwar Nath Bhandari, ACJ)