PANKAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel.

(2.) This writ petition was initially filed against the show cause notice dated 17.3.2009 to which the petitioner had replied on 24.3.2009. However, during pendency of the writ petition an order was passed on 31.3.2009 which is placed on record as Annexure-CA-1 to the counter affidavit. The petitioner filed an application for amendment seeking to challenge the order dated 31.3.2009 which was allowed by order dated 17.9.2014. A counter affidavit had already been filed and the question involved in the writ petition being a pure question of law, as such, further time for filing any supplementary counter affidavit by the learned standing counsel against the amendment application was not warranted. The writ petition was heard on merit and learned standing counsel has argued on the basis of documents placed on record along with the counter affidavit.

(3.) Brief facts of the case are that the petitioner participated in the selection pursuant to the advertisement published on 16.12.2008 as contained in Annexure-1 to the writ petition. As many as 11 general category posts of class IV employees were advertised, in response to which applications were invited from the open market. For the purposes of dispute involved in the writ petition, clause 1 of the general condition of the advertisement would be relevant and the same is reproduced below :-