Ameet Kumar Singh And Another vs Union Of India And 6 Others
2023 Latest Caselaw 868 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 20905 of 2022
 

 
Petitioner :- Ameet Kumar Singh And Another
 
Respondent :- Union Of India And 6 Others
 
Counsel for Petitioner :- Yatharth Srivastava
 
Counsel for Respondent :- A.S.G.I.,Anupam Kumar
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and Sri Anupam Kumar, learned counsel for the respondents.

Sri Anupam Kumar, learned counsel for the respondents has raised preliminary objection and submitted that select list was declared on 2.2.2017 and process of recruitment has already been completed. There is no explanation of delay in filing the petition. He next submitted that prayer has been made to quash the select list, but selected candidates have not been arrayed as respondents, therefore, petition is liable to be dismissed on the ground of laches as well as non joinder of party both. In support of his contention, he has placed reliance upon the judgment of Division Bench of this Court in Special Appeal No. 172 of 2019 (Subhash Kumar Vs. Union of India and 3 others).

Learned counsel for the petitioner has only submitted that he could know about the dispute by another candidate, who has filed the writ petition in 2017.

I have considered the rival submissions raised by the parties, perused the record as well as judgment so relied upon. From the perusal of same, it is apparently clear that select list was published on 2.2.2017 and delay so explained in the writ petition is not acceptable. Further, selected candidates are necessary party in case of prayer of quashing of select list, which has not been arrayed, therefore, in light of provision of Order 1, Rule 9 of Code of Civil Procedure, 1908 as well as judgment passed by this Court in the matter of Subhas Kumar (supra), petition is liable to be dismissed on the ground of laches as well as non joinder of party both.

Accordingly, petition lacks merit and is dismissed on the ground of laches as well as non joinder of party.

No order as to costs.

Order Date :- 9.1.2023

Arvind