The petitioner sought a medical test for an unfilled police vacancy. The court dismissed the writ petition because the select list's one-year validity had lapsed without extension, leaving the petitioner with no vested right to claim appointment via mandamus.
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Court No. - 36
Case :- WRIT - A No. - 5973 of 2020
Petitioner :- Varun Kumar Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mujib Ahmad Siddiqui Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Heard Sri Mujib Ahmad Siddiqui, counsel for the petitioner and Sri Virendra Kumar, learned Standing Counsel for the Staterespondents.
This writ petition has been filed by the petitioner claiming following reliefs:-
I- Issue a writ, order or appropriate direction in the nature of mandamus commanding the respondents to issue additional list against the unfilled vacancy and further be pleased to forthwith hold a medical test for the petitioner for the purpose of appointment of Constable, Civil Police/Constable PAC in pursuance of the 2015 Constable (Male) if he comes under the merit.
II- Issue any other writ, order or direction in the nature of which this Hon'ble Court may deem fit and proper in the circumstances of the case.
III- Award the cost of the writ petition to the petitioner.
When learned counsel for the petitioner is specifically asked as to what is the duration of validity of a select list, he fairly submits that it is one year. When he is further asked to point out from the documents on record as to whether validity of the select list has been extended and whether the select list is still valid, he is at loss of words.
At this stage, Sri Virendra Kumar, learned Standing Counsel for the State submits that as per his instructions validity of the select list has not been extended.
In view of the aforesaid facts that validity of the select list is only one year and admittedly it has not been extended, therefore, no vested right or claim has accrued in favour of the petitioner to raise his grievance to fill the unfilled vacancies after issuance of additional list.
No mandamus in such nature can be granted inasmuch as petitioner has failed to show accrual of any vested right in the matter.
Learned counsel for the petitioner submits that a bunch matter is pending and, therefore, this case too should be kept pending and listed along with the bunch matters. Once petitioner has failed to show his right and also any vested interest created in him by any statute or procedure of the State Government, he is not entitled to grant of any writ nonetheless the writ of mandamus, therefore, petition being bereft of merits deserves to be dismissed and is dismissed.
Learned Standing Counsel shall supply a copy of this order in all the bunch matters which are pending for consideration of appropriate Bench within seven days to the Registry.
Order Date :- 25.8.2020 Ashutosh
2 issues framed by the court
Whether a writ of mandamus can be issued to create an additional list for unfilled police vacancies when the select list's one-year validity has not been extended.
Whether the petitioner has any vested right to claim appointments from the expired validity period of the selection list.
Varun Kumar Sharma
State Of U.P.
3 Others
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
