- (1.) The present special appeal has been filed against the judgment and order dated 26.10.2010 passed by the learned Single Judge, whereby the writ petition preferred by the present Appellant has been dismissed with costs of Rs. 20,000/ - to be paid to Mediation Centre at Allahabad.
(2.) We have heard Sri Sudhakar Pandey, learned Counsel for the Appellant and the learned Standing Counsel, who represents State -Respondents and have gone through the impugned judgment and order dated 26.10.2010 passed by the learned Single Judge, giving rise to present appeal, the grounds taken in the memo of appeal and the documents filed along with it.
(3.) It appears that the Petitioner is claiming appointment on a Class -IV post in Sarvodaya Inter College, Lakhansenpur, Post Office Bankat, district Varanasi. The said post has been filled up by the appointment of Sri Sanjay Kumar Vishwakarma under the provisions of Dying -in -Harness Rules. The Petitioner came before this Court by filing a writ petition, which was dismissed on 30th July, 2010 against which he preferred Special Appeal No. 1403 of 2010, which too had been dismissed on the ground that the Appellant had not challenged the appointment of Sri Sanjay Kumar Vishwakarma. After the dismissal of the special appeal the Petitioner again approached this Court by filing Writ Petition No. 63949 of 2010 with the following reliefs: (i) Issue a writ, order or direction in the nature of mandamus directing to the opposite parties to adjust to Respondent No. 5 to supernumerary post in any of recognised or aided institution of District Varanasi by considering the rules of reservation of 1994. (ii) Issue a writ, order or direction in the nature of mandamus directing to the opposite parties to initiate the proceeding of appointment according to provision as provided under the Act and by considering the rules of reservation, so that Petitioner may also applied for the said post and if he may found eligible and suitable for the said post the concerned authorities may consider for his appointment as general category for which post in question. (iii) issue a writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) Award the cost of the writ petition in favour of the Petitioner.;