Yashwant Varma, J. - (1.) This petition has been preferred principally seeking the following relief:- "Issue a writ order or direction of suitable nature commanding the respondents to forthwith fill up all the unfilled vacancies of Assistant Prosecution Officers covered by the Advertisement No. A-2/E-1/2015 dated 29.4.2015 on account of non joining of selected candidates by utilizing remaining select list/waiting list within a period to be specified by this Hon'ble Court."
(2.) Undisputedly there is no provision for making or maintenance of a waiting list. Dealing with a similar prayer with respect to the appointments of Gram Panchayat Adhikaris, this Court had an occasion to consider the decision rendered by the Division Bench in Special Appeal Defective No. 163 of 2018. While dealing with this decision, the Court held thus:- " Learned counsel for the petitioners has sought to draw sustenance in support of the prayer made by referring to Rule 14(3) of the Uttar Pradesh Ganna Paryavekshak (Group III) Service Rules 1978. According to the learned counsel this Rule clearly mandates a list of selected candidates being prepared which should be larger by more than 25% of the total number of vacancies. According to the learned counsel, the Rule in question fell for consideration before the Division Bench of the Court in Special Appeal Defective No. 163 of 2018 in which it was held that the said Rule clearly prescribed and mandated the making of a waiting list which was to be utilized for the purposes of filling vacancies which had remained vacant. However Sri Kushwaha learned counsel has drawn the attention of the Court to the Uttar Pradesh Direct Recruitment to Group 'C' Posts ( Mode and Procedure) Rules 2015 to submit that the 1978 Rules are no longer in vogue and stand overridden by the provisions of the aforementioned Rules. According to Sri Kushwaha these Rules do not envisage the preparation of any waiting list. The Court notes that the 2015 Rules were notified on 11 May 2015. Rules 2 and 3 give them overriding effect by providing that they shall prevail notwithstanding anything to the contrary contained in other service rules made by the Governor under the proviso to Article 309 of the Constitution. Undisputedly the 1978 Rules were framed in exercise of powers conferred by the proviso to Article 309 of the Constitution. The 2015 Rules do not appear to have been placed for the consideration of the Division Bench. This Court is of the considered view that the 2015 Rules would clearly eclipse the provisions of Rule 14(3) of the 1978 Rules. In the absence of any provision in the 2015 Rules for the preparation of a waiting list, the prayer as made in the writ petition cannot be countenanced. "
(3.) Following the aforesaid decision, this Court finds no ground to issue the writs as prayed for. Writ petition is dismissed.;