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1994 DIGILAW 538 (SC)

Rajendra Singh v. Ashok Singh

1994-04-25

M.K.MUKHERJEE, S.C.AGRAWAL

body1994
ORDER : We have heard Mr. R.K. Garg, learned senior counsel appearing for the petitioners and Dr. N.M. Ghatate, learned senior counsel for the State of U.P. and Mr. P. Chidambaram, learned senior counsel appearing for respondent No. 1 and Mr. Manoj Swarup, learned counsel appearing for respondent No. 2. 2. We have carefully perused the judgment of the High Court in the light of the submissions that have been made before us. We do not find any ground for interfering with the same. We have, however, been informed that petitioner No. 2, Dr. Mool Chand, has now been confirmed on the post of Deputy Director by order dated May 21, 1993 w.e.f. 1-4-88. Since this order has been passed after the DPC had met, it would not affect the judgment of the High Court setting aside the selection of petitioner No. 2 on the ground that he was not eligible for consideration at the time when the DPC had met. In revision of the order passed by the High Court a fresh DPC be convened for making the selection. In view of the confirmation, petitioner No. 2 would be eligible for consideration by the said DPC. We therefore, while dismissing the SLPs, direct that the petitioner No. 2 would also be considered for selection along with others, by the DPC. 3. Any interim order passed by this Court will stand vacated. It will be left to the State Government to make appropriate interim arrangements till the DPC makes the selection. 4. The DPC may meet for the purpose of selection within two months from today. SLP dismissed.