STATE OF U.P. versus CHUNNI LAL & ORS.

Citation: [2021] 7 S.C.R. 439 · Decided: 23-11-2021 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

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STATE OF U.P.
v.
CHUNNI LAL & ORS.
(Civil Appeal No. 6945 of 2021)
NOVEMBER 23, 2021
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Service Law – Appointment – A Combined State Service
Examination was held in the year 1985 – In the year 1987, the Public
Service Commission sent the requisition for appointment of selected
candidates on the post of Deputy Collector – Two candidates did
not join – So, the Commission sent the names of two other candidates
including the original writ petitioner for the appointment on the
post of Deputy Collector – Meanwhile, private respondent filed writ
petition in the High Court, which was allowed and the commission
was directed to recommend the private respondent – In compliance,
the commission withdrew the recommendation of the original writ
petitioner – Thereafter, the original writ petitioner filed the writ
petition – The High Court directed the State to re-consider the matter
of the original writ petitioner for appointment to the post of Deputy
Collector considering the subsequent recommendation made by the
Public Service Commission in favour of the original writ petitioner
– However, the High Court clarified that the appointment of the
private respondent No.2 was not be disturbed in any manner – On
appeal, held: The original writ petitioner cannot be appointed as
on the post of Deputy Collector on which he is claiming the
appointment as private respondent was already appointed pursuant
to the order passed by the High Court and that there was no vacant
post and even no supernumerary post can be created – Despite
that, the High Court directed the State to appoint the original writ
petitioner solely on the basis of some subsequent recommendation
by the Public Service Commission – Even the observation made by
the High Court that the original writ petitioner be appointed without
disturbing the appointment of the private respondent cannot be
sustained – This is because two persons cannot be directed to be
appointed to a single post – Therefore, the impugned judgment and
order passed by the High Court is quashed and set aside – Further,
the State and the private respondent have brought to notice that
[2021] 7 S.C.R. 439
439
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SUPREME COURT REPORTS
[2021] 7 S.C.R.
during the pendency of the present proceedings, original writ
petitioner has retired in the post of Deputy Transport Commissioner
on 31.08.2019 on attaining the age of superannuation and therefore
also the impugned judgment and order passed by the High Court is
not capable of being implemented.
CIVIL APPELLATE JURISDICTION: Civil Appeal No.6945 of
2021.
From the Judgment and Order dated 16.07.2014 of the High Court
of Judicature at Allahabad, Lucknow Bench at Lucknow in Writ Petition
No.1181 (S/B) of 1996.
V. K. Shukla, Sr. Adv., Adarsh Upadhyay, Amol Chitravanshi,
Advs. for the Appellant.
Rana Mukherjee, Sr. Adv., Ms. Dipika Misra, Ankit Yadav,
Ms. Purnima Jain, Shrish Kumar Misra, Sandeep Kumar Jha, Rajeev
Kumar Dubey, Ms. Saroj Tripathi, Advs. for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 16.07.2014 passed by the High Court of Judicature at
Allahabad (Lucknow Bench) in Writ Petition No.1181(S/B) of 1996, the
State of U.P. has preferred the present appeal.
2. The selection process for 35 posts of Deputy Collector was
initiated by the U.P. Public Service Commission. A Combined State
Service Examination was held in the year 1985. In the year 1987, the
Public Service Commission sent the requisition for appointment of
selected candidates on the post of Deputy Collector. Two candidates
namely, Shri Ram Subhag Singh (General Category candidate) and Shri
Ramesh Kumar Yadav (OBC category candidate) did not join their post.
Therefore, two posts of Deputy Collectors remained vacant. The Public
Service Commission sent the names of two other candidates namely
Shri Digvijay Singh and Chunni Lal (original writ petitioners) for the
appointment on the post of Deputy Collector.  On the basis of the aforesaid
recommendation by the Commission, the State Government issued letter
on 24.04.1989 to the Director General, Medical and Health Services,
Lucknow for medical examination of the aforesaid two persons. In the
meanwhile, private respondent herein Ajay Shankar Pandey approached
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the High Court by filing Writ Petition No.22966 of 1988. The Division
Bench of the High Court vide judgment 

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