Special appeal by U.P. Subordinate Services Selection Commission against a Single Bench order directing provisional interview for Junior Assistant posts. Court found no reason to interfere.
Special Appeal No. 678 of 2018 dismissed; impugned order dated 13.07.2018 upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 21
Case :- SPECIAL APPEAL No. - 678 of 2018
Appellant :- U.P. Subordinate Services Selection Commission Respondent :- Sanjay Sharma And 38 Ors. Counsel for Appellant :- Kailash Singh Kushwaha Counsel for Respondent :- Seemant Singh
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is before us to examine correctness of order dated 13.07.2018 passed by learned single Bench in Writ - A No. 14724 of 2018, calling upon the appellant to file counter affidavit to the writ petition within a period of six weeks and further by directing as an interim measure to subject respondent-petitioners to interview pursuant to advertisement issued, in case they have cleared the written test and type test. It is also observed that the appearance of the respondent-petitioners shall be subjected to the final decision of the writ petition.
It is submitted by learned counsel appearing on behalf of appellant that respondent-petitioners are lacking eligibility to be considered for appointment to the post of Junior Assistant (General Selection) and no challenge at all is given by them in petition for writ to that condition which is already prescribed in the advertisement.
On going through the order impugned, we do not find any reason to interfere with the same. The issue pending is with regard to possessing 'CCC' certificate by respondentpetitioners and as per respondent-petitioners, they have only participated in the course concerned and issuance of certificate was ministerial act.
Be that as it may, it is not in dispute that the direction given by the learned single Bench is an interim direction and the counter affidavit to the writ petition is yet to be filed.
In view of whatever stated, we are not inclined to interfere with the order impugned dated 13.07.2018.
Accordingly, the appeal is dismissed. However, for abandoned caution, it is reiterated that the participation of the respondent-petitioners in the interview shall be provisional and will not create any civil as well as equitable right in their favour.
Order Date :- 6.8.2018 Prajapati
[Chandra Dhari Singh, J] [Govind Mathur, J]
2 issues framed by the court
Whether the High Court Single Bench's order directing respondent petitioners to appear for the interview provisionally should be interfered with on appeal.
Whether the appeal should succeed in quashing the interim direction to participate in the interview despite eligibility challenges.
U.P. Subordinate Services Selection Commission
Sanjay Sharma And 38 Ors.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
