SANJAY KUMAR PATHAK Vs. STATE OF U P
LAWS(ALL)-2007-3-203
HIGH COURT OF ALLAHABAD
Decided on
March 02,2007
SANJAY KUMAR PATHAK
Appellant
VERSUS
STATE OF UTTAR PRADESH
Respondents
Referred Judgements :-
MAHARAJAH MOHESHUR SING V. BENGAL GOVT. [REFERRED TO]HOPE TEXTILES LTD. AND ANOTHER VS. UNION OF INDIA AND OTHERS [REFERRED TO]
BRIJ BHUSHAN CHAUDHARY AND OTHERS VS. STATE OF U.P. AND OTHERS [REFERRED TO]
UNION OF INDIA VS. JOGINDER SINGH BHASIN AND OTHERS [REFERRED TO]
STATE OF GUJARAT VS. SARDARBEGUM [REFERRED TO]
ARIBAM TULESHWAR SHARMA VS. ARIBAM PISHAK SHARMA [REFERRED TO]
STATE OF MAHARASHTRA VS. RAMDAS SHRINIVAS NAYAK [REFERRED TO]
A P CHRISTIANS MEDICAL EDUCATIONAL SOCIETY ALICE MANORANJANI M VS. GOVERNMENT OF ANDHRA PRADESH:GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
DEVARAJU PILLAI VS. SELLAYYA PILLAI [REFERRED TO]
KESHAV CHANDRA JOSHI VS. UNION OF INDIA [REFERRED TO]
STATE OF TAMIL NADU VS. ST JOSEPH TEACHERS TRAINING INSTITUTE:DR ARUPAPPA TEACHERS TRAINING INSTITUTE [REFERRED TO]
MEERA BHANJA VS. NIRMALA KUMARI CHOUDHURY [REFERRED TO]
PRADIPGOGOI VS. STATE OF ASSAM [REFERRED TO]
COLLECTOR OF CUSTOMS BOMBAY VS. J K SYNTHETICS AND LIMITED [REFERRED TO]
TAMILNADU ELECTRICITY BOARD VS. N RAJU REDDIAR [REFERRED TO]
PARSION DEVI VS. SUMITRI DEVI [REFERRED TO]
STATE OF RAJASTHAN VS. PRAKASH CHAND [REFERRED TO]
B S BAJWA VS. STATE OF PUNJAB [REFERRED TO]
ASHOK KUMAR MAHESHWARI VS. STATE OF UTTAR PRADESH [REFERRED TO]
ASHOK KUMAR UPPAL VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
STATE OF ORISSA VS. COMMISSIONER OF LAND RECORDS AND SETTLEMENT CUTTACK [REFERRED TO]
UPADHYAY AND COMPANY VS. STATE OF UTTAR PRADESH [REFERRED TO]
M M THOMAS VS. STATE OF KERALA [REFERRED TO]
LILY THOMAS VS. UNION OF INDIA [REFERRED TO]
ARNIT DAS VS. STATE OF BIHAR [REFERRED TO]
STATE OF MAHARASHTRA VS. MILIND [REFERRED TO]
PRADIP CHANDRA PATNAIK VS. PRAMOD CHANDRA PATNAIK [REFERRED TO]
DIRECTOR OF SETTLEMENTS A P VS. M R APPARAO [REFERRED TO]
NUTAN KUMAR VS. IIND ADDITIONAL DISTRICT JUDGE [REFERRED TO]
ASHWANI KUMAR SINGH VS. U P PUBLIC SERVICE COMMISSION [REFERRED TO]
UNION OF INDIA VS. MOHANLAL LIKUMAL PUNJABI [REFERRED TO]
CENTRAL BOARD OF DAWOODI BOHRA COMMUNITY VS. STATE OF MAHARASHTRA [REFERRED TO]
PRIMELLA SANITARY PRODUCTS PVT LTD VS. COLLECTOR OF CENTRAL EXCISE [REFERRED TO]
HARIDAS DAS VS. USHA RANI BANIK [REFERRED TO]
MALIK MAZHAR SULTAN VS. U P PUBLIC SERVICE COMMISSION [REFERRED TO]
JAIN STUDIOS LTD VS. SHIN SATELLITE PUBLIC CO LTD [REFERRED TO]
B S N L VS. SUBASH CHANDRA KANCHAN [REFERRED TO]
JASBIR SINGH VS. STATE OF PUNJAB [REFERRED TO]
RAGHUNATH RAI BAREJA VS. PUNJAB NATIONAL BANK [REFERRED TO]
STATE OF UTTAR PRADESH VS. FIRM DEO DUTT LAKHAN LAL [REFERRED TO]
SHRIRAM INDUSTRIAL ENTERPRISES LIMITED VS. UNION OF INDIA [REFERRED TO]
J K COTTON SPINNING AND WEAVING MILLS CO LTD VS. COLLECTOR [REFERRED TO]
COMMITTEE OF MANAGEMENT LAL BAHADUR SHASTRI LAGHU MADHYAMIK VIDYALAYA VS. ASSISTANT REGISTRAR FIRMS SOCIETIES AND CHITS GORAKHPUR [REFERRED TO]
KRISHNA PATHAK WIFE OF LATE TARKESHWAR NATH PATHAK VS. VINOD SHANKAR TIWARI [REFERRED TO]
JUDGEMENT
Amitava Lala, V.C.Misra, JJ. -
(1.)1. Under compelling circumstances we are constrained to make detail discussion of the matter in the review application.
(2.)The writ petitioner has virtually challenged non-consideration of his candidature by the U.P. Public Service Commission in connection with the examination and/or interview for the post of Civil Judge (Junior Division) being age bar on the strength of the Supreme Court judgement reported in JT 2006 (4) SC 531 (Malik Mazhar Sultan and another Vs. U.P. Public Service Commission and others). On 15th December, 2006 in the midst of hearing, as per previous direction, Mr. Vijendra Singh, learned Chief Standing Counsel-II, contended that he has no objection in accommodating the candidates by allowing them to sit for the examination relaxing age on the basis of the fresh requisition. The Court was pleased to pass an order on 15th December, 2006 on the ratio of the aforesaid Supreme Court judgement having its binding effect and on the basis of the concession given by the State.
(3.)After 15th December, 2006 one of us (V.C. Misra, J.) was not attached to the Court, but the Presiding Judge of the Bench (Amitava Lala, J.) was attached to the Court upto 21st December, 2006. On 20th December, 2006 a review application was taken out by one Sri Jagjit Singh, Private Secretary to Special Secretary and Additional Legal Remembrancer, Government of U.P., Legal Cell, High Court, Allahabad, but without any office report and without bringing to the notice of the Presiding Judge of the Bench, directly placed before the then Hon'ble Chief Justice for future assignment and following orders were obtained:
"Nominated to the Bench presided over by Dr. B.S. Chauhan, J., but only for so long as neither Amitava Lala, J. nor V.C. Misra, J. is available for hearing any case at Allahabad. 21.12.2006"
"Might be put up tomorrow or until the above availability as convenient to the Hon. hearing Judges. 21.12.2006"
(2.)The writ petitioner has virtually challenged non-consideration of his candidature by the U.P. Public Service Commission in connection with the examination and/or interview for the post of Civil Judge (Junior Division) being age bar on the strength of the Supreme Court judgement reported in JT 2006 (4) SC 531 (Malik Mazhar Sultan and another Vs. U.P. Public Service Commission and others). On 15th December, 2006 in the midst of hearing, as per previous direction, Mr. Vijendra Singh, learned Chief Standing Counsel-II, contended that he has no objection in accommodating the candidates by allowing them to sit for the examination relaxing age on the basis of the fresh requisition. The Court was pleased to pass an order on 15th December, 2006 on the ratio of the aforesaid Supreme Court judgement having its binding effect and on the basis of the concession given by the State.
(3.)After 15th December, 2006 one of us (V.C. Misra, J.) was not attached to the Court, but the Presiding Judge of the Bench (Amitava Lala, J.) was attached to the Court upto 21st December, 2006. On 20th December, 2006 a review application was taken out by one Sri Jagjit Singh, Private Secretary to Special Secretary and Additional Legal Remembrancer, Government of U.P., Legal Cell, High Court, Allahabad, but without any office report and without bringing to the notice of the Presiding Judge of the Bench, directly placed before the then Hon'ble Chief Justice for future assignment and following orders were obtained:
"Nominated to the Bench presided over by Dr. B.S. Chauhan, J., but only for so long as neither Amitava Lala, J. nor V.C. Misra, J. is available for hearing any case at Allahabad. 21.12.2006"
"Might be put up tomorrow or until the above availability as convenient to the Hon. hearing Judges. 21.12.2006"
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