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2018 DIGILAW 1136 (SC)

Sandeep Gupta v. High Court of Judicature at Allahabad through its Registrar General

2018-07-19

KURIAN JOSEPH, SANJAY KISHAN KAUL

body2018
ORDER : 1. I.A. No. 42562/2017 is allowed. 2. As per the advertisement dated 10.05.2016, applications were invited for filling up 72 posts in the Uttar Pradesh Higher Judicial Service along with 12 carried over vacancies against the reserved categories. 3. The writ petitioner approached this Court challenging the vires of the Rules on the ground that as per the advertisement he had crossed the age of 45 years. Pursuant to the interim order dated 22.07.2016 the candidates were permitted to participate in the selection process. 4. We are informed that only 43 candidates were successful in the final round, which includes the petitioner-Sandeep Gupta and the intervenor-Pratima. As a matter of fact, on account of certain peculiar circumstances, the examination of the U.P. Higher Judicial Service could not be held for the last more than three years, even though, the Rules do not contemplate so. 5. Having heard the learned counsel appearing for the petitioner, intervenor and the respondent/High Court and considering the peculiar facts and circumstances of the case, we think it fit that this Court should invoke its jurisdiction under Article 142 of the Constitution of India for doing complete justice. 6. Accordingly, this writ petition is disposed of, directing the respondents/High Court to clear the results of the petitioner/Sandeep Gupta and the intervenor/Pratima. Since they have otherwise come out successful, they shall be appointed without further delay. 7. We make it clear, in order to avoid any dispute regarding seniority, that the seniority would depend on their position in the select list. 8. Since, this order is passed in the peculiar facts and circumstances of the case, it shall not be treated as a precedent. 9. The Registry of this Court is directed to send back the results received from the High Court, in a sealed cover. 10. Pending applications, if any, shall stand disposed of.