Arun Kumar Singh vs State Of U.P. And 5 Others
2021 Latest Caselaw 9980 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 1809 of 2021
 

 
Petitioner :- Arun Kumar Singh
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Prabhakar Awasthi,Raghawendra Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Order on Correction Application No. 2 of 2021

The correction application is allowed.

The quoted paragraph No. 137 of Full Bench judgment in Smt. Sadhna vs. State of UP and others shall stand substituted by paragraph No. 76 in the fifth paragraph of the order dated 26.7.2021, which reads as under.

"76. For the aforesaid reasons, the answer to the questions as referred is as under:

(a) The year of recruitment both for the determination of vacancies for direct recruitment and for the purpose of Rule, 14 of Rules, 1998 for determining the eligibility of the candidates for promotion has to be one and the same. Full Bench judgment in the case of Raeesul Hasan (Supra) does not lay down the correct law.

(b) With the determination of the vacancies for direct recruitment, the number of posts within the promotion quota stands determined and it is at this stage that the Committee with reference to Rule 14 of Rules, 1998 has to decide as to whether an eligible candidate for promotion within feeding cadre is available or not. If the answer is in negative,

the vacancy has to be included within the quota for direct recruitment.

(c) The Full Bench in the case of Prashant Kumar Katiyar (Supra) has correctly held that the Management cannot be provided leverage in the matter of determination of the year of recruitment and in the matter of promotion, as it will lead to nepotism and favoritism.

(d) Determination of the vacancies for direct recruitment along with reservation to be applied has to be done by the Management within the time frame fixed under Rule 11 (2) of Rules, 1998.

(e) So far as the post within the promotion quota is concerned, the post remaining after determination of direct recruitment quota would fall therein. "

This order shall be treated as part of the order dated 26.7.2021.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Court/Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 10.8.2021

A.K.Srivastava