2014 INSC 0600
                              SUPREME COURT OF INDIA

                                         Donesh Rajput

                                                Vs.

                                    Pradeep Kumar Shukla

            (Fakkir Mohamed Ibrahim Kalifulla and Shiva Kirti Singh JJ.)

                                           15.07.2014

                                             ORDER

1. The respondents are at liberty to file their objections to IA NO. 5 of 2014 within
four weeks.

2. However, pending consideration of the said application as regards the direction
to be issued to the Principal Secretary (Law) for recalling his order dated 23rd
September, 2013, we find that based on the figures available on record as regards
the vacancies in the post of Pharmacists to be filled by direct recruitment - as
many as 448 are disclosed as per Annexure-A1 to the reply affidavit of third
respondent in this Contempt Petition No.115 of 2014. The contesting claimants for
the above said post are stated to be more than 360 in number. Learned senior
counsel Mr. Guru Krishna Kumar would contend that it may vary beyond 360
depending upon the applications made by the concerned candidates. Even as per
the directions PAGE NO. 2 OF 4 CONT. PETN. 269/2012 of this Court in the
judgment dated 3rd August, 2010 as contained in para 41, the claim of the above
applicants had to be considered in the vacancies which have been ascertained by
the Principal Secretary (Law) in his communication dated 27th September, 2013,
which the total number of vacant posts was ascertained at 950. In the present
Interlocutory Application filed in 2014, the State of Uttar Pradesh disputes the
above figure and therefore seeks for a direction for ascertaining figure once over
again.

3. Pending consideration of issuing any direction in that application, going by the
admitted vacancies of 448, we see no impediment for considering the claim of the
applicants which is stated to be more than 360. Therefore, pending passing final
orders in IA 5 of 2014, as well as, in the Contempt Petition No. 115 of 2014, the
respondent-State is directed to consider the claims of the above applicants which
is stated to be more than 360, on their own merits and whomsoever is eligibile to
be appointed to these posts, necessary appointment orders may be issued in
accordance with PAGE NO. 3 OF 4 CONT. PETN. 269/2012 the judgment of this
Court dated 3rd August, 2010. The said exercise be carried out by the respondent
State within eight weeks from today. Call these applications thereafter along with
the contempt petition. [KALYANI GUPTA] [SHARDA KAPOOR]