SEVENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Ashok Khare, senior advocate assisted by Sri V.D. Chauhan for petitioners in first two writ petitions, and Sri S.C. Misra for petitioner in Writ Petition No. 22340 of 2003 ; and Sri H.P. Upadhyay, Additional Chief Standing Counsel for respondents.

(2.) THE matter relates to selections for Group 'C' posts for which advertisement was issued by District Magistrate, Jyotibaphule Nagar on 30.8.2001. The advertisement included 15 posts of Junior Clerks and 2 posts of Stenographers for appointment at Collectorate and the Offices of District Supply Officer. Jyotibaphule Nagar, All petitioners namely seven petitioners in Writ Petition No. 18789 of 2003 ; Petitioner Rajesh Kumar Verma in Writ Petition No. 21069 of 2003, and petitioner Sri Pankaj Dixit in Writ Petition No. 22340 of 2003 were eligible and applied. Whereas first six petitioners in first writ petition, belong to O.B.C. category, petitioner No. 7 belong to general category. The written examinations were held on 7.10.2001. All petitioners were declared successful in the written examination. Intimations were given to them to appear in the type test. All the petitioners appeared in type test held on 7.12.2001. The result of type test was published in newspaper 'Amar Ujala', dated 9.12.2001, in which petitioners were shown to have qualified. Subsequently by letters of communication dated 26.12.2001, petitioners were again required to appear in type test to be held on 3.1.2002. Thereafter, it appears that selections were kept in abeyance. A radiogram was issued by the State Government prohibiting appointments/promotions in the State. It was based upon interim order granted by Supreme Court in Writ Petition No. 488 of 2001, between Akhil Bhartiya Chhatra Yuwa Front v. Government of U.P. in which U.P. Ordinance No. 18 of 2001 was challenged. Thereafter State Government by Ordinance No. 2 of 2002, dated 6.6.2002 amended U.P. Act No. 21 of 2001. A number of writ petitions were filed in this Court with prayer that since Ordinance No. 2 of 2002 has removed the effect of amendments of U.P. Act No. 21 of 2001, the selection process should be completed. This Court vide judgment dated 4.10.2002 in Writ Petition No. 31852 of 2002. Ajit Kumar Singh and Ors. v. State of U.P. and Ors., allowed writ petitions and directed the State to complete selection process. Special leave petition against the said order was withdrawn from Supreme Court on 7.1.2002, and that a special appeal is pending in which no interim order has been passed.

(3.) COUNTER -affidavit has been filed by Sri Ram Sevak Dwivedi, Tehslldar, Jyotibaphule Nagar, district Jyotibaphule Nagar admitting the averments. He has submitted in paragraph 9 that the result of written examination was received through the Institute of Management Development, U.P. a State Sector Undertaking, and as per merit list petitioners including other candidates were invited for appearing in the type test. After receiving the result of the written test, a merit list was prepared in accordance with reservation policy at that time as per merit list. Keeping in view the number of vacancies, 79 candidates were invited for typing/Hindi shorthand test. It was conducted on 23.11.2001, and only three candidates Sri Kapil son of Sri Ram Chandra Kashyap, Sri Dharmendra Singh son of Sri Charan Singh and Sri Ramesh Chander Upadhyay son of Sri J.P. Upadhyay were declared successful. Since the number of advertised vacancies could not be filled up, it was decided to hold another type test on 7.12.2001. In this test 71 candidates were invited for appearing in typing test and the list included the names of petitioner Nos. 2, 3 and 5 who could not attend previous test held on 23.11.2001 and were given permission to appear in the second test on 7.12.2001. On the basis of typing test held on 7.12.2001, the following candidates were found successful :