9911796707
TMI Blog2009 (4) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... dismissing the review application filed by the appellant herein. 3. The basic fact of the matter is not in dispute. An advertisement was issued by the Chief General Manager, U.P. (W), Telecom Circle, Dehradun for recruitment to the post of Telecom Technical Assistants (General Central Services) Group `C' non-gazetted, non-ministerial in the office of Telecom District Manager, Pilibhit. In the said advertisement, it was specified that there exists five vacancies for the post of General Category candidates, two reserved for the candidates belonging to Other Backward Classes and one for the Scheduled Caste candidates. Indisputably, pursuant to the said advertisement a large number of applications were filed. A Selection Committee was con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there was no provision in the Recruitment Rules for maintaining such a waitlist. 4. Appellants filed a writ petition before the Allahabad High Court praying, inter alia, for the following reliefs : "Issue a writ, order or direction in the nature of certiorari quashing the impugned letter dated 24.11.2003, issued by the Respondents. (Annexure-7) Issue a writ, order or direction in the nature of mandamus directing the Respondents to issue appointment letters to the Petitioners, in the light of the result declared by the respondents." 5. In the affidavit filed on behalf of the appellant herein and affirmed by one Shri B.S. Bhandari, it was averred : "That in reply to the contents of para 10, 11 and 12 of the writ petition, it is stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Civil Procedure. The averments made in the petition were thereafter found to be correct. No interference is required with the judgment and order of the learned Judge except to the extent that the learned Single Judge should not have issued a direction to the appellants to appoint the petitioners straightaway. In our opinion the present appellants should have been directed to consider the candidates whose names appeared in the waiting list against those vacancies. In view of the above, the impugned judgment and order dated 01.12.2004 is modified to the extent that the present appellants shall consider to fill up the two vacancies which remained unfilled because two selected persons did not join by offering the appointment letters to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly they have been given appointment being on the Wait Listed Panel. A copy of the aforesaid result is annexed as Annexure-9 to this writ petiton." The said averments have been traversed in paragraph 8 of the affidavit, stating : "That contents of para 13 of the writ petition are not correct as stated hence denied. It is stated that there is no waiting list in Pilibhit." 12. There cannot, therefore, be any doubt whatsoever that the allegations contained in the writ petition that in all other districts the Selection Committee had prepared `waitlist' and a large number of appointments had been made therefrom were not specifically been denied 13. Appellant is a `State' within the meaning of Article 12 of the Constitution of India ..... X X X X Extracts X X X X X X X X Extracts X X X X
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