JUDGEMENT
ASHOK BHUSHAN,J. -
(1.) These three appeals have been filed questioning the common judgment of High Court of Allahabad dated
09.05.2019 delivered by a Division Bench in Special Appeal No.585 of 2018 Deepak Sharma and 05 Ors. Vs.
State of U.P. with several other special appeals.
By the impugned judgment, the Division Bench of the
High Court has allowed the appeal setting aside the
judgment of a learned Single Judge dated 07.10.2017
delivered in batch of writ petitions led by Writ
Petition No. 41750 of 2015 Prashant Kumar Jaiswal
and 12 Others Vs. State of U.P. and 10 Others and
dismissing all the writ petitions.
(2.) For deciding these appeals, it shall be sufficient to notice the facts and questions of law
as arising in Civil Appeal No.9026 of 2019 Mukul
Kumar Tyagi Vs. The State of Uttar Pradesh And Ors.,
which is being treated as lead appeal. The learned
Single Judge by judgment dated 07.10.2017 has decided
the batch of writ petitions led by Writ Petition
No.41750 of 2015 Prashant Kumar Jaiswal and 12
Others Vs. State of U.P. and 10 Others, which
judgment was subject matter of challenge in the
Special Appeal No. 585 of 2018 and other appeals in
which impugned judgment has been delivered. It is,
thus, necessary to notice the relevant facts giving
rise to Writ Petition No.47510 of 2015 and sequence
of the events after judgment of the learned Single
Judge dated 07.10.2017.
(3.) The subject matter of these appeals is recruitment to the post of Technician Grade-II in
Uttar Pradesh Power Corporation Limited conducted by
Uttar Pradesh Electricity Service Commission, Uttar
Pradesh Power Corporation Limited, Lucknow. Under
Uttar Pradesh Electricity Supply Act, 1948, the
erstwhile Uttar Pradesh State Electricity Board had
framed regulations constituting Electricity Service
Commission, which was entrusted to conduct
examination for the various posts to be filled up by
competitive examination. After enactment of Uttar
Pradesh Electricity Reforms Act, 1999, the Uttar
Pradesh Electricity State Board ceased to exist and
was replaced by the Corporation. The Corporation
adopted the Regulations framed by Uttar Pradesh State
Electricity Board including Uttar Pradesh Electricity
Board of Operational Employees Category Service
Regulations, 1995 (hereinafter referred to as
"Regulations, 1995"), which provided for recruitment
to the post of Technician Grade-II. The
qualifications provided for in Regulations, 1995 were
as follows:-
"Passing High School or its equivalent with Science and Mathematics as subject from UP Secondary Education Council and All India/State Trade Certificate in Electrical Trade" ;
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