Sandip Kumar v. Union of India and 2 Others

Court No. - 34 Case :- WRIT - A No. - 18676 of 2023 Petitioner :- Sandip Kumar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Sanjeet Kumar Mishra Counsel for Respondent :- A.S.G.I.,Dhurva Kant Chaturvedi,Rahul Sahai Hon'ble Ajit Kumar,J.

¶1Heard learned counsel for the parties.

¶2The arguments advanced by the learned counsel for the petitioner is that petitioner did qualify as eligible candidate for interview to be held by the respondent-commission for the post of Group-III(4) Technical Officer-B in OBC category, however, since he was the only candidate to have been called despite ratio of 1:3 as two others candidates could not be available to the respondents, the respondents suspended the interview process.

¶3Learned Advocate appearing for the respondent submits that though on

09.02.2020 an order was issued but since the candidates were not available to be called in the ratio of 1:3, rescinding the entire selection process by the competent authority namely the Additional Secretary, Commission for Backward Classes and it was directed that fresh applications be invited but this order has never been challenged by the petitioner at any point of time. Accordingly, he argues that no relief as such can be granted to the petitioner.

¶4At this stage, it is submitted by learned counsel for the petitioner that even though new advertisement has been issued by the respondent, the post in question has not been advertised. In the circumstances, therefore, he submits that his representation dated 11.07.2023 may be directed to be considered in accordance with law.

¶5Learned Advocate appearing for the respondent does not have any objection to the above request as the post in question is not subject matter of advertisement.

¶6In view of the above, this petition stands disposed of with direction to the respondent no.2 to look into and consider the claim of the petitioner as raised in his representation dated 11.07.2023 and decide the same as expeditiously as possible preferably within a period of thirty days from the date of production of certified copy of this order. Order Date :- 22.11.2023 P Kesari High Court of Judicature at Allahabad