Jyotirmai Shukla and Anr v. State of U.P. Thru. Prin. Secy. Forest Environment and Ors

Court No. - 8 Case :- WRIT - A No. - 23714 of 2021 Petitioner :- Jyotirmai Shukla And Anr. Respondent :- State Of U.P. Thru. Prin. Secy. Forest Environment And Ors. Counsel for Petitioner :- Jai Pal Singh,Apoorva Tewari,Girish Kumar Kannojia,Onkar Singh,Vaishnavi Counsel for Respondent :- C.S.C.,Anil Kumar Upadhyay,Ashok Shukla,Ravi Shanker Tewari Hon'ble Dinesh Kumar Singh,J.

¶1Heard Mr. Apoorva Tewari, learned counsel for the petitioners, as well as Mr. Ravi Shanker Tewari, learned counsel for respondent - U.P. Public Service Commission.

¶2The present petition has been filed for issuance of a writ of Mandamus commanding the respondents to send names of the petitioners for appointment on the post of Assistant Conservator of Forest from the wait-list.

¶3As per the petitioners, four posts in general category are still lying vacant.

¶4Mr. Ravi Shanker Tewari, learned counsel for the respondent - U.P. Public Service Commission has filed a supplementary affidavit, copy of which has been tendered in the Court, bringing on record, The Uttar Pradesh Forest Service (Second Amendment) Rules, 2014 (for short "Rules, 2014") under which the relevant advertisement was issued for recruitment to the post of Assistant Conservator of Forest. Sub-rule (4) of rule-16 of the Rules, 2014 does not provide for preparing any wait-list, and the said provision for preparation of the wait-list has got omitted to that extent. It is further submitted that since the Rules, 2014 does not provide for preparing wait-list, no such wait-list was prepared and, therefore, the question of sending names of the petitioners from the wait-list for appointment to the Government does not arise.

¶5Learned counsel for the petitioners fairly submits that if this is the Rules position, the petitioners do not have any claim for which they have filed the present petition.

¶6Learned counsel for the respondent-U.P. Public Service Commission submits that there is no further amendment to the Rules,2014.

¶7In view of above, nothing survives in this petition, which is hereby dismissed. [D.K. SINGH, J.] Order Date :- 14.7.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench