IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Civil Writ Petition No. 1870 of 2003 (S/S) Bhaskar Chandra S/o Sri Narayan Ram, R/o Brinshop Kothi (Out house) Mallital, Nainital …………… Petitioner Versus The Vice Chancellor, Kumaun Universiy at Nainital …………… Respondents Mr. Nand Prasad, learned counsel for the petitioner. Mr. B.D. Upadhyaya, learned counsel for the University. Hon’ble P.C. Verma, A.C.J. By means of this writ petition the petitioner has prayed for a writ of mandamus to command the respondent to allow him to join on the post of routine grade Clerk as his name figures at serial number 1 of the waiting list. To this effect the petitioner has made the representation to the Vice Chancellor, Kumaun University at Nainital. This Court vide order dated 30.12.2003 has directed the respondent to decide the representation of the petitioner by a reasoned and speaking order. In compliance of the order dated 30.12.2003 of this Court, a reasoned and speaking order has been passed by the respondent. It has been said in the order dated 04.02.2004 contained in Annexure C.A. 1 to this writ petition, that there were six posts of routine grade clerks reserved for the scheduled caste candidate out of which two posts of Scheduled Caste candidates were to be filled up by way of promotion from Class IV employees according to Rule. For the remaining four posts advertisement was published and selection was made on all the four posts from the four outside candidates, who were selected on merit, and therefore, there is no vacancy left that is to 2 be filled up by the waiting list. Therefore, the waiting list stands exhausted. It has been further stated in the order dated 04.02.2004 that the Class III, Class IV posts were created for regularization of the daily wagers working in Class III and Class IV and they have been regularized. Petitioner is Class IV employee working in the Accounts section of the University. Petitioner can seek his promotion to Class III post according to his seniority and availability of the post to be filled up by promotion under the 15% quota. Therefore, the petitioner cannot claim any appointment on the basis of waiting list in which the name of the petitioner figures at serial number 1, which was prepared to fill up the four posts from outside candidates. In view of above facts and circumstances, petition is devoid of merit and is dismissed accordingly. (P.C. Verma, A.C.J.) Dt. 07.06.2004 HN