Neutral Citation No. - 2025:AHC:53688 Court No. - 4 Case :- WRIT - A No. - 3686 of 2025 Petitioner :- Renu Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ranvijay Chaubey Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Ranvijay Chaubey, learned counsel for the petitioner and Sri Bhupendra Kumar Tripathi, learned counsel for the Gaon Sabha as well as learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, petitioner has approached this Court for a direction to the respondents to give her appointment as Panchayat Sahayika as she stood selected in the merit list and the first candidate, Prabhakar Yadav after being appointed though joined but subsequently resigned. 3. Learned counsel for the petitioner has placed reliance upon Clause 10(v) of the Government Order dated 25.07.2021 to contend that if the first candidate resigns then the second candidate in the merit list should be offered appointment. 4. Per contra, it is argued by learned counsel for the Gaon Sabha that as per instructions received by him in the matter, after the candidate who was appointed and had joined and resigned, the respondents have proceeded to hold fresh selection against the post in question. It is now contended that under the Government Order there is no such provision that if the selected candidate joins on the post in question and resigns then the select list that was prepared would be taken as waiting list. 5. Having heard learned counsel for the petitioner and having perused the record, I find it to be an admitted position of fact that the candidate who had been selected for the post of Panchayat Sahayik submitted her joining on 13.11.2024 however, subsequently resigned on 03.12.2024. Thus the select list stood exhausted. What is therefore provided in Clause 10(v) is that if the selected candidate shows his unwillingness to be appointed then the second candidate in the merit list shall be offered appointment. This is not the case in hand and hence I do not find any flaw in the action of respondents in proceeding afresh to make selection and appointment against the post of Panchayat Sahayika. 6. It is always open for the petitioner to participate in fresh selection process if it is undertaken. 7. I decline to grant indulgence in the matter accordingly. 8. Subject to aforesaid liberty, this petition is consigned to records. Order Date :- 11.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad