The petitioner challenged the recruitment for Assistant Prosecution Officer, shifting focus to preparing a waiting list after initial marks disclosure. The Court rejected the claim, holding the petition lacks merit as the Commission is barred by law from creating waiting lists absent specific rule authority.
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Neutral Citation No. - 2023:AHC:210876
Court No. - 34
Case :- WRIT - A No. - 17692 of 2023
Petitioner :- Sita Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Santosh Kumar Kesarwani,Ritvik Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
selection. The principle of law that has been cited by the learned Advocate appearing for the respondents, I do not find to have been discussed in the judgments that are cited: in the case of Atul Tiwari & ors vs. State of UP & ors in Service Single No.25175 of 2018 and Mohd. Akram Siddeeque & ors vs. State of UP & ors in Writ-A No.20955 of 2018 and, therefore, in my considered view, these orders are not having force of any binding precedent for the principle of sub silentio .
Order Date :- 3.11.2023 P Kesari
Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Public Service Commission can prepare a supplementary waiting list in the absence of a specific provision in the recruitment rules.
Colour shows how this judgement treated each authority
Special Appeal Defective No.416 of 2021 (Ajay Prakash Mishra & ors vs. State of UP & ors)Referred¶7
Special Leave to Appeal (C) No.16073-16074 of 2021Referred¶7
Writ A No.17398 of 2023 (Balwant Pal & ors. vs State of UP & ors)Referred¶7
Atul Tiwari & ors vs. State of UP & ors in Service Single No.25175 of 2018Distinguished¶9
Mohd. Akram Siddeeque & ors vs. State of UP & ors in Writ-A No.20955 of 2018Distinguished¶9
Sita Devi
State of U.P.
Public Service Commission
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
