TaxTMI 
TaxTMI 
2009 (4) TMI 932
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....ned Single Judge of the said High Court 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 applicatio....
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....two of the select list candidates had not joined, appellants made representations on or about 12.9.2003 and 20.9.2003 respectively. The said representations were, however, rejected only on the premise that 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 responde....
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....m the select list did not join. The learned Single Judge has held that the present appellants did not file the counter affidavit in a proper manner and the denial was not in accordance with the mandate of the Order VIII Rule 5 of the Code of 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 impug....
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....That in this regard, appointments made at other places, waitlisted persons have been given appointment. One of such place, i.e., meerut, one Shri Parvesh Malhotra bearing Roll No.1880 and Shri Nirmal Singh bearing Roll No.1575, who were not in the first 20, but subsequently 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....