- (1.) BY the Court.-The present Appeal has been filed against the judgment dated 29.10.2002 passed by the learned Single Judge dismissing the writ petition, namely, Civil Misc. Writ Petition No. 43065 of 2000 filed by the petitioner/appellant.
(2.) IT appears that an advertisement was issued for appointment on the post of Stenographer under Group-C in the District Supply Office, Varanasi. Eight candidates applied for appointment on the said post. The Written Test was held on 13.12.1998. Four candidates including the petitioner/appellant, out of eight candidates, appeared in the said Written Test. Thereafter, on 23.2.1999, Short-hand/Typing Test was held in which four candidates including the petitioner/ appellant participated. As pet the averments made in paragraph No. 3 of the counter-affidavit filed on behalf of the respondents in the said writ petition, all the said four candidates including the petitioner/appellant got 'Zero' mark in the Short-hand and Typing Test. The interview was fixed for 26.2.1999. On 25.2.1999, the District Magistrate/ Prescribed Authority, Varanasi took a decision that as all the said four candidates got 'Zero' mark in the Shorthand and Typing Test, therefore, none of the said candidates would be called for interview to be held on 26.2.1999.
(3.) IN paragraph No. 3 of the said counter-affidavit, it is, inter-alia, further averred that as none of the said candidates including the petitioner/appellant was having essential qualification for appointment on the post of Stenographer, the appointment was not made on the post of Stenographer, and the same remained vacant. The petitioner/appellant, thereafter filed the aforesaid writ petition being Civil Misc. Writ Petition No. 43065 of 2000 before this Court seeking the following reliefs : "(a) issue a writ, order or direction in the nature of mandamus by which directing to respondents concerned to declare the interview result of the petitioner forthwith. (b) issue a writ, order or direction in the nature of mandamus directing the respondent concerned to issue an appointment letter in favour of the petitioner with immediate effect. (c) issue a writ, order or direction in the nature of mandamus by which direct to competent authorities to decide the representation within stipulated period. (d) issue any other and further suitable order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (e) award the cost of petition to the petitioner." ;