Decided on April 13,2007

Hemwati Nandan Bahuguna Garhwal University And Anr. Appellant
HEM RAJ SINGH Respondents


J.C.S. Rawat, J. - (1.)This special appeal, under Rule 5 Chapter VIII of the High Court Rules, has been filed against the judgment and order dated 13 -08 -2004 passed by the learned Single Judge of this Court in Writ Petition No. 1706 of 2001 (S/S), Hem Raj Singh v/s. H.N.B. Garhwal University and others, whereby the learned Single Judge has allowed the petition and directed the University to coordinate to implement the policy decision laid down in G.O. dated 25 -05 -1999 and to decide the question of giving employment to the Petitioner in accordance with the rules.
(2.)A writ petition bearing No. 1706/2001 (S/S) was filed before the learned Single Judge by the writ Petitioner -Hem Raj Singh (Now 'Respondent' in the present special appeal) for the following reliefs:
(i) To issue a writ of mandamus directing the Respondent No. 1 to grant the appointment to the Petitioner for the post of class III employees for he possess the requisite qualification.

(ii) To issue a writ of mandamus directing the Respondent No. 1 to grant seniority to the Petitioner from the date of initial appointment viz -a -viz other candidates.

(iii) To issue any other writ, order or direction which may be deemed fit and proper in the circumstances of the case.

(iv) To award cost of this writ petition to the Petitioner.

(3.)A piece of land situated at Naithana Chauras has been acquired from the Petitioner's father for the establishment of Hemwati Nandan Bahuguna, Garhwal University (hereinafter referred as 'University'). Notifications were issued by the Government under the provisions of the Land Acquisition Act. Pursuant to the acquisition proceedings, the Government took possession of the said land. The State of U.P. formulated a policy vide Government Order dated 25 -05 -1999 which provides that in case of land required for public purposes, the persons to be displaced by reason of acquisition of their land would be considered on preference basis for giving appointment to at least one member of such family. The Petitioner has alleged that the University was entrusted the list prepared on 29 -05 -1998 of such eligible candidates for consideration for appointment. The name of the Petitioner in the list figured at serial No. 67. The name of the Petitioner was however stuck of from the list of displaced persons when the final list was sent by S.D.M. on 31 -07 -1999 to the then District Magistrate for being forwarded to the University for appointment. The Petitioner's father made representations dated 20 -08 -1999 and 21 -08 -1999 that his son may be appointed in the University. On the representations, the University made endorsement to the effect that the permission had to be sought from the District Magistrate / State of U.P. The interview for appointment was conducted on 27 -12 -1999 but the Petitioner was not invited by the University although name of a person whose land was not acquired figured at serial No. 47 and further two members of one family whose names figured at serial Nos. 40 & 49 have been interviewed. Feeling aggrieved by this, the Petitioner has filed the writ petition before the Single Judge.

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