AMITAVA LALA, J. - (1.) THIS writ petition has been made by the petitioner on 8th August, 2005 praying inter alia as follows: A - An order, direction or writ in the nature of Mandamus commanding the respondents to appoint the petitioner in the U. P. Nyayik Sewa Civil Judge - (Junior Division) in pursuance to the 2000 examinations conducted by the U.P. Public Service Commission. B - Such other and further order, direction or writ of suitable nature which this Hon'ble Court may deem fit and proper in the circumstances of the case C - An order awarding cost of this petition to the petitioner.”
(2.) THE fact remains that the petitioner belongs to Scheduled Caste category and appeared in U.P. Judicial Service Civil Judge (Junior Division) Examination, 2000. The petitioner's name was not included in the list of the selected candi ­dates although he had been awarded 530 marks whereas the last selected candidate belonging to Scheduled Caste category had secured 531 marks. Learned Counsel appearing for the petitioner contended that the last selected Scheduled Caste candidate in the select list namely Sri Pooran Chandra even after being selected did not join because he was appointed in Delhi Judicial Service. He further contended that appointment of another Scheduled Caste candidate Sri Suresh Kumar Singh was cancelled due to fake Scheduled Caste certificate pro ­duced by him. Therefore, according to the petitioner, two vacancies are available in the select list to accommodate the petitioner against one of the existing vacan ­cies of such category. In the writ petition there is no whisper with regard to any arbitrary action on the part of the State or the High Court. On behalf of the High Court being respondent No. 3 herein, a counter affidavit has been filed categorically mentioning certain facts, which are important in this respect. It has been stated in the counter affidavit that for recruitment to fill up 147 posts of the officers of U.P. Nyayik Sewa i.e. Civil Judge Junior Division - 2000 the same were advertised on 4th March, 2000 in daily newspaper i.e. North ­ern India Patrika. After holding the examination and interview the State Govern ­ment vide its letter No. 4351/ll/4 -2003 -32(2)/98 T.C. -2, dated 12th November, 2003 communicated a list of the names of 145 successful candidates to the High Court for indicating the places of posting in the districts. By letter No. 283/D.R.(S)/03, dated 10th December, 2003 the High Court communicated to the State Govern ­ment the places of postings in respect of 138 recruited candidates i.e. Civil Judge, Junior Division, out of 145 selected candidates as six selected candidates were already appointed and working as Civil Judge, Junior Division on the basis of U.P. Nyayik Sewa Civil Judge Junior Division Examination - 1999 as well as under the interim order of the Supreme Court and one selected candidate Sri Pradeep Kumar Srivastava had refused to join as he was appointed in Jharkhand Judicial Services. It has been further submitted that out of aforesaid 138 selected candi ­dates three candidates namely Sri Mohd. Wasim Ali, Sri Pooran Chandra and Smt. Alka Gupta did not join and as such their candidatures were cancelled by the Government. Thus, only 135 selected candidates of Civil Judge, Junior Divi ­sion, have joined their services pursuant to appointment notifications. It has been categorically contended by the respondents that Sri Dinesh Singh, whose name was wrongly excluded from the select list, made a representation. In his repre ­sentation dated 27th June, 2005 addressed to the Principal Secretary (Law) and Legal Remembrancer Govt. of U.P., Lucknow as well as to the High Court, Sri Dinesh Singh (the then candidate of Civil Judge) Junior Division, Examination -2000) has brought the following facts: SI. No. 1. 2. 3. Name of candidates Sri Mohd. Ghazali Sri Ajai Kumar Dixit Sri Dinesh Singh Marks obtained in written 562 542 548 Marks obtained in interview 50 70 64 Total 612 612 612
(3.) LEARNED Counsel appearing for the respondent No. 3 contended that from the perusal of the above chart, it -appears that Sri Dinesh Singh secured more marks inf interview than Sri Mohd. Ghazali. Sri Mohd. Ghazali and Sri Ajai Kumar Dixit were selected and appointed, but besides obtaining more marks in interview than Sri Mohd. Ghazali, he (Dinesh Singh) could not be selected. Subsequently under the directions of this Court passed in the writ petition filed by Sri Oinesh Singh he was selected as 136th candidate, because the Court in Writ Petition No, 1247 (SB) of 1992\(Manju Trivedi v. State and others) has held that if there are equal marks of two or more than two candidates then thir placement will be made according to the marks obtained in interview. It has been further stated that the vacancies caused due to not joining by Sri Pooran Chandra Sri Mohd. Wasim Ali and Smt. Alka Gupta were not included in the recruitment of 347 posts of Civil Judge (Junior Division), i.e. in the recruitment batch of 2003, because at the time of requisition of 347 posts of Civil Judge (Junior Division) the result of 147 posts of Civil Judge (Junior division) i.e. the recruitment batch of 2000, was not declared. Hence, the aforesaid three vacancies have been included/carried forward to the next recruitment i.e. U.P. Nyayik Sewa Civil Judge (Junior Division) Examina ­tion - 2006 for 355 posts of Civil Judge (Junior Division).;