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2019 DIGILAW 999 (SC)

Sourabh Brala v. Union Of India

2019-03-07

ARUN MISHRA, NAVIN SINHA

body2019
ORDER 1. A. No.37277/2019-application for directions has been filed on behalf of Respondent Nos.4 and 5. 2. Learned senior counsel appearing on behalf of the said respondents has prayed for withdrawal of the said application with liberty to pursue the appropriate remedy before the appropriate forum with respect to the directions prayed for in I.A. 3. I.A. No.37277/2019-application for directions is, accordingly, dismissed as withdrawn with the aforesaid liberty. 4. In view of several orders that have been passed by this Court and the students have been accommodated, seats have been created in other colleges. 5. Nothing further survives in the writ petition filed under Article 32 of the Constitution of India. 6. Learned counsel for the State of Uttarakhand has handed over Report of the Committee appointed by the Chief Secretary dated 22.02.2019, which is taken on record. 7. We have considered the report with respect to the absorption of the staff. The Committee appointed by the Chief Secretary, pursuant to the orders of this Court dated 23.01.2019, has recommended as follows:- "09. Recommendation of the Committee: There is no provision for Direct Recruitment in Government Service of any private ex-employees on sympathetic grounds in the existing rules. Presently there are 92 posts which are regular notified vacancies in the Medical Service of the State and are being filled in on contractual basis till regular appointments are made and for this purpose these posts have been advertised and walk in interviews are being conducted presently. The interested employees of Subharti Medical College may be informed that they can still apply against the vacancies detailed in paragraph 7.4 hereinabove and they would be considered for appointment if found fit. In the near future, whenever any vacancies arise, are notified and advertised, the State Govt. would certainly consider any such unemployed teaching or non teaching staff of the Ras Bihari Bose University/Dr. Jagat Narain Charitable Trust/Shridev Suman Subharti Medical College should they choose to apply and in case found eligible and remaining successful in the selection process would be appointed in due course as per rules." 8. We are satisfied as to the recommendations and accept the same. It would be open to the concerned incumbent to apply as and when vacancies arose and are notified. 9. We are satisfied as to the recommendations and accept the same. It would be open to the concerned incumbent to apply as and when vacancies arose and are notified. 9. It is stated by the learned counsel appearing for the petitioners that original documents were handed over to the College and they have not been returned back the same to the students. 10. We direct the College to return back the original documents along with the security deposit of Rs. 2 Lacs made by them, within a period of fifteen days from today, without any deduction. 11. The writ petition is, accordingly, disposed of.