High CourtsDivision Bench(2019) 09 PAT CK 0019

Ashwini Kumar vs Union Of India Through And Ors

Patna High Court · Decided on 4 September 2019

HON’BLE JUDGES
Amreshwar Pratap Sahi, CJ · Ashutosh Kumar, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Jurisdiction Case No. 18203 Of 2019

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Judgment

5 paragraphs · 246 words
1.

Heard Shri Hemant Kumar Karn, learned counsel for the petitioner and Shri S.D. Sanjay, learned Additional Solicitor General of India for the respondents.

2.

The petitioner is claiming appointment on the post of GDSBPM at Baltharwa Branch Post Office. According to the merit-list prepared, one Mr. Bambam Nayak, who stood higher in merit, was found to be possessed of fake mark-sheets. His selection came to be cancelled. The petitioner claims that he should have been offered the appointment after the cancellation of the candidature of Shri Bambam Nayak.

3.

The respondents found that the petitioner was at Serial No. 47 and therefore he could not have been considered as his name was down below in the merit-list, but at the same time, the order passed in O.A. No. 38 of 2013, reference whereof has been given in Paragraph 6.1 of the impugned judgment, the authorities took a decision that they intend to operate the merit-list for the purpose of filling up of the vacant post which was left open to them to be done in accordance with the rules in vogue.

4.

After recording this finding, the Tribunal came to the conclusion that no separate orders are required now to be passed on the claim of the petitioner.

5.

Having heard learned counsel for the parties, we entirely agree with the conclusion drawn by the Tribunal in the aforesaid terms. Accordingly, no interference is called for. The writ petition lacks merit and is accordingly dismissed.