WPSS/191/2023
2023 Latest Caselaw 1379 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  WPSS No.191 of 2023
                                  Recall Application MCC No.3 of 2023
                                  Hon'ble Ravindra Maithani, J.

Mr. Sanjay Raturi, Advocate for the petitioner through video conferencing.

Mr. Narayan Dutt, Brief Holder for the State.

Mr. Ramji Srivastava, the learned counsel for respondent no.2, the Uttarakhand Medical Service Selection Board.

The instant petition was dismissed for non-joinder of necessary parties by this Court on 15.02.2023. The Court passed the following order:-

Learned counsel for the petitioner submits that certain person has been selected dehors the Rules without making them party to the writ petition.

This Court is of the considered opinion that the persons who have already been selected though not appointed are entitled to a notice before the select list is quashed. Hence, the writ application is dismissed for non-joinder of necessary party with liberty to the petitioner to file afresh writ application with better particulars making them necessary.

Now, a recall application has been filed on the following grounds:-

"A. Because thereafter petitioner sought the information of the list of candidates of july 2012 Batch to enable her to make them party but respondents have failed to provide any list under right to information Act vide letter dated 2-3-2023 hence petitioner is not able to make any person party as directed.

B. Because even otherwise the controversy involved in the above writ petition has already been adjudicated by this Hon'ble Court in writ petition no WPSS 139 of 2023 by passing the judgment dated 3-3- 2023 hence the said order may also be passed in the present writ petition to meet the ends of justice and to prevent the abuse of process of this Hon'ble Court."

It is the case of the petitioner that he could not get the list of the selected candidates, and even otherwise, the controversy has already been decided in WPSS No.139 of 2023. It is the admitted case that the petition was bad for non- joinder of the parties. Therefore, on the grounds, as revealed, the order may not be recalled.

Accordingly, the recall application deserves to be dismissed.

The Recall Application is dismissed.

(Ravindra Maithani J.) 18.05.2023 RV