WPMS/2472/2021
2022 Latest Caselaw 1386 UK

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                                  WPMS No. 2472 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. P.C. Petshali, Advocate, for the petitioner. Mr. B.S. Bisht, Advocate, for respondent No.1. Mr. Lalit Samant, Advocate, for respondent No. 2.

Mr. Dinesh Gahatori, Advocate, for respondent Nos. 3 to 8.

A candidate, who had secured lesser marks in the selection process, than that which has been procured by the petitioner has already been selected / inducted into the services. The petitioner submits, that the ratio, which has been laid down by the Coordinate Bench of this Court, which was later on affirmed by the Division Bench, was subsequently affirmed by the various judgments rendered by the different High Courts of Rajasthan, Bombay, and Gujrat, which was affirmed by the Apex Court in SLP (Civil) No. 23223 of 2018, Saurav Yadav and others Vs. State of Uttar Pradesh and others, and particularly, he has made reference to para 33 of the said judgment.

In that eventuality, if the said ratio is to be made applicable, the last candidate, who has already been selected / appointed, i.e. Neha, she would be affected.

In these circumstances, the petitioner is directed to implead the candidate, who may be affected by any order to be passed in the Writ Petition.

He may file appropriate Amendment Application within a period of one week from today.

List this Writ Petition thereafter.

(Sharad Kumar Sharma, J.) Dated 05.05.2022 Shiv