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1997 DIGILAW 632 (PAT)

Vijay Lakshmi Kumari v. Union of India

1997-09-02

RADHA MOHAN PRASAD

body1997
ORDER The petitioner in this writ petition has prayed for issuance of a direction commanding the respondents to appoint her and other similarly situated persons on the posts of Primary Teacher, Kendriya Vidyalaya Sangathan, Patna Region, on the available vacant post for which advertisement was issued on 28th May, 1994 and panel was prepared. 2. The case of the petitioner is that pursuant to the said advertisement she applied for appointment on the post of Primary Teacher as a general category candidate. She appeared in the written test and also in the interview conducted by the respondents and produced all the certificates for verification. Admittedly, the name of the petitioner appeared at serial no. 52 in the panel of successful candidates. The total numbers of posts then available to be filled up were 50. 3. According to the case of the respondents, the candidates upto serial no.50 in the panel were offered the appointment letters, out of whom 44 joined and 6 posts remained vacant. 4. However, Mrs. Sharma, learned counsel appearing for the respondents submitted that since the name of the petitioner was not included in the select list of 50 candidates, she cannot claim appointment only because her name was included in the list of successful candidates at serial no. 52. She further submitted that in June, 1996 vacancies have again been advertised which include the left over vacancies of 1994. As such, according to her, the petitioner is not entitled for any relief in this writ petition. 5. I am unable to accept the said submission of the learned counsel for the respondents. The present writ petition was filed on 21.5.1996, i.e., before the said advertisement was issued and as such right of the petitioner has to be considered as on the date of filing of the present writ petition. 6. Learned counsel for the petitioner has referred to the order dated 4.7.1997 passed by this Court in C.W.J.C. No. 4891 of 1996 filed by one Smt. Neelam Chaurasia claiming appointment against 27 Posts of Primary Teacher available in O.B.C. category. In the said order this Court after noticing various instructions relating to appointment held that all the existing vacancies were to be filled up from the said panel and the persons were to be informed about their position in the panel. In the said order this Court after noticing various instructions relating to appointment held that all the existing vacancies were to be filled up from the said panel and the persons were to be informed about their position in the panel. It was further stipulated that whenever the vacancy will exist and turn of such candidate will come, subject to fulfilment of other eligibility conditions, the appointment letters are to be issued. The learned single Judge also mentioned in the said order that the respondents cannot deviate from such decision and instruction given in the panel and accordingly, issued direction to the respondents to include the name of the petitioner of that case at appropriate place in the select list and then to provide her with appointment in her turn. Such decision was directed to be taken and communicated to the petitioner within a period of two months from the date of receipt/production of a copy of the said order. 7. From the facts of the present case I find that in the left over six vacancies from the list of successful candidates pursuant to 1994 advertisement have to be filled up as per the position in the said list, subject to fulfilment of other eligibility conditions. It is not the case of the respondents that they later decided not to fill up the remaining left over vacancies. 8. Under such circumstances, following the aforementioned order dated 4.7.1997 passed in C.W.J.C. No. 4891 of 1996, the writ petition is disposed of with a direction to the respondents to include the name of the petitioner at appropriate place in the so-called select list and then to provide her with appointment in her turn. Such decision is to be taken and communicated to the petitioner within period of two months from the date of receipt/production of a copy of this order.