Arun Tandon - (1.) -That an advertisement dated 19.6.2003 was published in daily newspaper Dainik Jagran inviting applications for appointment on two posts of Junior Clerk and one post of Stenographer reserved for Scheduled Castes and Scheduled Tribes candidates in the office of the District Magistrate, Pratapgarh. Petitioner alleges to be possessed of requisite qualification and a member of Scheduled Castes, he accordingly applied for the post of Stenographer. It is alleged that written examination, test of Stenography and thereafter interview took place on 29.6.2003.
(2.) THE result of the said selections was not declared, therefore the petitioner approach this Court by means of Writ Petition No. 55341 of 03. THE writ petition so filed by the petitioner was disposed of with liberty to the petitioner to file a representation and the Commissioner, Allahabad in turn was directed to decide the same within the time specified. The Commissioner, Allahabad Division, Allahabad by means of the impugned order dated 22.2.2005 rejected the representation so made by the petitioner and has held that fresh selections are required to be held in accordance with the Government order dated 21.6.2003, whereby the selection process for appointment of Group 'C' posts has been amended. It is further stated that the petitioner could not achieve the minimum type speed in the subsequent selections, therefore, he was not called for interview. On behalf of the petitioner it is stated that since, the selection process has been started prior to the enforcement of the amended rules, the process should have been completed under the unamended rules. It is further stated that there is no justifiable reasons for cancelling the selections.
(3.) STANDING counsel submits that a subsequent advertisement was published against which the petitioner applied again for the post of typist and since he could not achieve the required speed, he has not been called for interview. In paragraph 14 of the counter-affidavit it is stated that under the Government order dated 21.6.2003, the procedure for selection having been altered, the decision was taken to cancel the selections. It is stated that mere participation in selection does not confer any right and it is open to the State respondents to cancel the selection at any point of time. Lastly it has been stated that the appointing authority with regard to the post of Stenographer is the Commissioner of the Division and, therefore, the earlier selection process started which was started by the District Magistrate was also illegal. I have heard learned counsel for the parties and gone through the records.;