Deep Chandra v. District Judge Faizabad and Anr

Court No. - 8 Case :- WRIT - A No. - 6818 of 2014 Petitioner :- Deep Chandra Respondent :- District Judge Faizabad And Anr. Counsel for Petitioner :- Surendra Yadav,Akhilesh Kumar Pandey Counsel for Respondent :- U.N. Mishra Hon'ble Dinesh Kumar Singh,J.

¶1Heard learned counsel appearing for the petitioner and Sri Gaurav Mehrotra, learned counsel appearing for the respondents.

¶2Present petition under Article 226 of the Constitution of India has been filed seeking a writ of Mandamus commanding District Judge, Faizabad to appoint the petitioner on the vacant post at District Court, Faizabad.

¶3An advertisement was issued on 15.07.2010 for filling up the vacant posts of Class IV employee on District Judgeship, Faizabad/now Ayodhya. The petitioner applied for the said post claiming benefit of reservation meant for Other Backward Classes category.

¶4As per the claim of the petitioner, he was on the top of the waiting list of the O.B.C. category. All the candidates of the O.B.C. category had joined the posts after selection. In the year 2014, a fresh advertisement was issued for filling up the vacant post of Class IV in the District Judgeship, Faizabad/now Ayodhya. The petitioner thereafter filed this writ petition with a delay and laches of four years.

¶5Sri Gaurav Mehrotra, learned counsel appearing for the respondents submits that in pursuance to the selection made to ten posts, all ten persons joined the post and no vacancy was to be filled up.

¶6Waiting list cannot operate all time to come. Usually, life of waiting list is one year. There is nothing on record to suggest that why and how the petitioner has waited four years to approach this court. At this belated stage, this Court cannot grant any relief as claimed in the writ petition.

¶7The writ petition being devoid of merit and substance, is hereby dismissed. (Dinesh Kumar Singh, J.) Order Date :- 12.7.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench