Mohammad Yousuf Sheikh vs State and Others

The only grevience of the petitioner is that the respondents could not fill up all the four posts of District Judges in view of the fact that the

notification dated 15th November 1990 at the time of issuance catered to only one vacancy. The petitioners specific grievance is that as on

15111990, he was not eligible under the Recruitment Rules and, therefore could not apply. He became eligible in 1991 and, according to him, had

the vacancies occurring in 1991 and thereafter till 1993 not been filled upon the basis of notification dated 15111990, he had a chance of

competing along other eligible candidates.

Even though notification was issued on 15111990 and it prescribed the last datefor submission of application the vacancy position has to be

taken into account as on the date, the selection process had to culminate to its logical end. There is no doubt that candidates eligible to apply

pursuant to notification alone could do so and others had to wait for their turn as and when they became eligible. This is a normal hazard. The

petitioner if he has now become eligible will be entitiled to apply against a future vacancy. He cannot be allowed to complain about the filling up the

post vacancies.

This petition has no merit and is dismissed along with the connected CM.P.