Friday, September 29, 2023

Allahabad High Court directs petitioner to submit representation for selection of Architect in Gram Panchayats of Ghazipur district

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The Allahabad High Court has directed the petitioner to submit a representation to the competent authority in 10 days and to decide it in two months, in the matter of selection of Architect/Consulting Engineer Civil in Gram Panchayats of Ghazipur district.

A Single Bench of Justice Saurabh Srivastava passed this order while hearing a petition filed by Dhanwantri Singh.

The writ petition has been preferred with the following main reliefs:

(i) issue a writ, order or direction in the nature of certiorari quashing the impugned selection of selected candidate in the selection list (District Ghazipur) dated 27/28.09.2022 issued by the respondent no 2 for the post of Individual Architect/Consulting Engineer (Civil) for Gram Panchayat on work basis payment mode only to the extent that the selected candidate who obtained lower marks to the selection criteria for the impalement enforcement to the advertisement issued by the respondent no 2 vide dated 23.5.2022 (Annexure No.1 to this writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to consider the bonafide marks of the petitioner as laid down in clause 10 of the Advertisement dated 23.05.2022 whereby impaneled for the post of Individual Architect/Consulting Engineer on work basis payment mode.

The case of the petitioner is that he has applied for the post of Individual Architect/Consulting Engineer (Civil) for Gram Panchayat, Ghazipur.

From bare perusal of the selection criteria for incumbent it is crystal clear that the specific marks have already been mentioned which the aspirant acquire the requisite qualification mentioned under criteria 1,2,3 and 4 and as such there is no scope of considering to deviate the marks which have already been mentioned in the criteria.

As per the requisite qualification with regard to education, experience and certifications the assessment as made by the petitioner himself determined the total aggregate marks which would be in favour of the petitioner is 94 out of 100 and as such the legitimate expectation of the petitioner for being shortlisted against the post as notified by notification dated 23.5.2022.

After due process of selection it transpired to the petitioner that he is not considered for the said post specifically for Ghazipur district, in spite of the best efforts made by the petitioner at different levels but the cut off marks has never been provided by the competent authorities of the department to which it might be said to the satisfaction of the petitioner that has candidature has been ignored on the basis of the marks obtained by some another person higher to him.

After availing all the remedies available, the petitioner challenged the select list pertaining to District Ghazipur of issue on 27/28.9.2022 by waying of filing the petition on several other grounds inter alia that after securing 94 Marks out of 100 under which circumstances the candidature of the petitioner has been ignored by the competent authorities of the department and who is the persons who have been offered the appointment and what was the marks obtained by them.

Per contra, Additional Chief Standing Counsel has vehemently opposed the prayer on the ground that the selection has already been completed and there is hardly any scope available in favour of the petitioner to pursue the petition for challenging the select list to which the appointment has already been made.

The petitioner is entitled only for putting a representation before the authorities which may be decided by them within a stipulated time being granted by the court.

In view of the aforementioned facts and circumstances, the Court directed that the petitioner may prefer a fresh representation by way of raising the entire claim as set out by him in the petition for seeking information with regard to marks obtained by the selected candidate specifically at Ghazipur and the marks obtained by the petitioner through which the entire expectation of the petitioner may come to an end.

The Court further directed respondent no 2 to decide the representation, if preferred by the petitioner within next ten days which shall be decided within two months from the date of receiving the representation.

Accordingly, the Court disposed of the petition.

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