Petitioner sought a writ of mandamus to direct filling of vacancies by lowering merit due to non-joining of selected candidates. The court held it cannot create new merit for such vacancies and dismissed the prayer.
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Court No. - 36
Case :- WRIT - A No. - 12173 of 2020
Petitioner :- Nilesh Kumar Pathak Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Sanjeev Singh,Suresh Bahadur Singh Counsel for Respondent :- A.S.G.I.,R.P.S. Chauhan
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Sri R.P.S. Chauhan, learned counsel for the respondent- Union of India.
The prayer in the writ petition is to issue a mandamus commanding the respondent nos.2 & 3 namely the Officers of the recruiting agency to fill up 746 advertised posts of Head Constable (Communication) published by the Advertisement No.302/RC/SSB/CC as against unfilled vacancies, which occurred on account of non joining of the selected candidates, by lowering down the merit and permitting the petitioner to join against the said posts.
Admitted fact of the matter is that the final select list of the recruitment-in-question had been declared in the month of January, 2020. The recruitment process, which was initiated with the advertisement-in-question, had been brought to an end. Any vacancy, which occured after conclusion of the selection process on account of non joining of the candidates, has to be taken in the next recruitment process.
It is not possible for the Court to issue direction to the recruiting agency to create another merit for selection of candidates on the vacancies, which occurred on account of non joining of the selected candidates.
The prayer in the writ petition is found misconceived and dismissed , accordingly.
Order Date :- 9.2.2021 P Kesari
1 issue framed by the court
Whether the Court can direction recruiting agency to lower merit and admit petitioner against vacancies arising due to non-joining of selected candidates.
Nilesh Kumar Pathak
Union Of India
Sunita Agarwal
As recorded by the court registry
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