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Judgment
I.A. No.7873 of 2013 is allowed for the reasons indicated
therein and delay of 28 days in filing the appeal is condoned.
Heard counsel for the appellant and counsel for the State.
Impugned order dated 29.04.2013 rejecting the prayer of
the petitioner to annul the selection of the private respondents on the post of
Safai Mazdoor is not required to be interfered with because the two
grounds, one of non-attestation of certificates and the other that the
appellant was the sole candidate in the unreserved category, therefore, he
had a right for appointment in general category, have been duly considered
and rejected.
The parting submission of the learned counsel for the
appellant that there is a vacancy subsisting because of resignation of one of
the selected candidates now is of no avail because law is well settled in this
regard even by the Apex Court that any vacancy caused after joining and
resignation cannot be used for the same to be filled up by any candidate
from the panel as the panel life comes to an end after the appointment
process is over.
Thus reasons for rejection are not erroneous in law,
therefore, appeal lacks merit and it is dismissed.