Pratyush Kumar, J. - (1.) This intra court appeal is directed against judgment and order dated 11th August, 2014 passed by the learned Single Judge in Writ Petition No. 6404 (S/S) of 2007; Ankit Yadav v/s. U.P. Power Corporation Ltd. and another whereby relief claimed in the writ petition by the present appellant was denied, writ petition was dismissed and the present respondent No. 1, Managing Director U.P. Power Corporation Ltd. was directed to examine as to how reservation was applied when only four vacancies were available in the quota of direct recruitment and thereafter hold the selection for the post of Assistant Public Relation Officer.
(2.) The aforesaid writ was filed by the present appellant on the ground that pursuant to an advertisement published on 8th October, 2004 the present appellant, after duly applying, having requisite qualification, appeared in the written test on 20th May, 2005 and he was declared successful and further he appeared for interview held on 20th August, 2005, however, the respondents did not declare the result promptly and after a long time on 18th February, 2007 in the local news paper Dainik Jagran the same was declared wherein the name of the petitioner was within the list of successful candidates. The name of the appellant was recommended for appointment but the respondent No. 1, though issued appointment letter to other successful candidate but for some reason no appointment letter was issued to the petitioner. This action is wholly discriminatory and violative of fundamental rights guaranteed under Articles 14,16 and 21 of the Constitution of India. On the successive representations made by the present appellant no appointment letter was issued hence the present writ petition, wherein the following reliefs were claimed: "(i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to consider the petitioner for appointment on the post of Sahayak Jan Sampark Adhikari in pursuance to the result dated 18.2.2007 as contained in Annexure No. 3 to the Writ Petition. (ii) to issue any other writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances of the case;"
(3.) On behalf of the present respondents, counter affidavit was filed whereby holding of written examination and interview was admitted. Other averments were denied and it has been stated that the present appellant could not be given appointment on account of non availability of vacancy to other backward class category, final result was declared on 7th March, 2007 and it has been admitted that other successful candidate selected against the vacancy of scheduled caste category was issued appointment letter and recommendation was made to cancel the recruitment to the non existing vacancy in the quota of other backward class category. It has been further stated that the recruitment in question was made to fill up backlog vacancies of direct recruitment. On the subsequent verification no backlog vacancy was found in other backward class category quota.;