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DR. R. KUMAR GAGAN versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Dr. R. Kumar Gagan v. State Of U.P. And Others - WRIT - A No. 57345 of 2005 [2005] RD-AH 1803 (1 August 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Amitava Lala,J.

Hon'ble Prakash Krishna,J.

The petitioner appears to be appointed with the recommendation of the minister concerned without following any selection process.  However, as per the conditions he continued for the period more than one year in violation of the Government Order dated 3rd October,2002.  His only grievance is that no general category candidate has been provided for the purpose of getting opportunity of such post.  In any event since he has already worked for more than one year his desire has been fulfilled and remedy has been exhausted.  He can not claim as a matter of right to continue of such post till the new incumbent comes.  We are of the view that the decision of the Principal of the College is justified.  The College Authority can advertise the vacancy for filling up the post giving accommodation for the general category and reserved category and it will be open to the petitioner to participate in the same if such advertisement is made and if he is qualified for the post.  But he can not claim to continue on such post till such posts are being fulfilled in the manner as proposed.  Therefore, we are of the view, the petitioner has no case. Thus, the writ petition stands dismissed.  No order is passed as to costs.

Dated 25.8.2005

PKB

WP57345-05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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