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Jasmit Singh v. State Of U.P. And Others - WRIT - A No. 31559 of 2003 [2003] RD-AH 230 (25 July 2003)


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Jasmit Singh ------ Petitioner


The State of U.P. & ors. ------       Respondents


Hon'ble Dr. B.S.Chauhan, J

Hon'ble D.P.Gupta, J.

This writ petition has been filed for quashing the Advertisement No.1/2003-2004 dated 15th June, 2003 in Dainik Jagaran, so far as column nos. 30 and 31 are concerned. The said columns relate to the vacancies of Aurvedic and Unani Chikitsak and are meant to be filled up only from the candidates belonging to reserve category. No post is to be filled up by the general category candidates.

Petitioner has filed this writ petition contending that the last advertisement for the vacancies on the said post was issued in 1997. Since then, no advertisement has been issued giving an opportunity to the candidates belonging to general category. The impugned advertisement does not invite applications from the general category candidates and petitioner is likely to be overaged very soon. Therefore, the advertisement is to be quashed.

Learned counsel for the petitioner has submitted that in case no fresh advertisement is issued for filling up the vacancies from the general category candidates, petitioner would become over-age and would be deprived of right of consideration for the said post in spite of having full eligibility. The advertisement has not been made in accordance with the constitutional Scheme and the judgment of the Hon'ble Apex Court in Indra Sahani's case. Thus, it is liable to be quashed.

Learned counsel for the petitioner when confronted was not able to satisfy the Court as to whether these vacancies had been advertised to make appointments from reserve category candidates, to fill up the backlog and whether same had been carried forward in early years. Nor he was able to place any facts in this regard; rather in paragraph 10 of the petition he had given certain figures that in the past vacancies of the reserve category candidates could not be filled up for non-availability of the suitable candidates.

Learned counsel for the petitioner is not in a position to produce the rules, under which the vacancies are to be filled up and to what extent and for how many years such vacancies could be carried forward. His total reliance is upon only advertisement in the local newspaper, which itself is not complete and does not provide full details of the advertisement. The said advertisement, itself, contains a note that it is not complete advertisement and is to be read along with the advertisement published in full in Employment News, New Delhi, dated 21.6.2003. Petitioner has not placed the copy of the said Employment News on record. Nor he has led any factual foundation on the basis of which matter may be examined. Pleadings are vague and petition seems to have been filed only on apprehension that in near future advertisement for filling up the vacancies from general category candidates may not be issued, and in the mean while, petitioner may become over-age.

As learned counsel for the petitioner is not able to answer any query either on facts or on law, we are not in a position to decide anything. It appears that the vacancies had been advertised only to fill up the backlog of the said category, which cannot be held to be illegal.

Petition is devoid of any merit and accordingly dismissed.




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