SARITA DIXIT & 7 ORS Vs. STATE OF U P THRU SECY HIGHER EDUCATION & 5 ORS
LAWS(ALL)-2010-9-637
HIGH COURT OF ALLAHABAD
Decided on September 17,2010

SARITA DIXIT And 7 ORS Appellant
VERSUS
STATE OF U P THRU SECY HIGHER EDUCATION And 5 ORS Respondents

JUDGEMENT

Shabihul Hasnain, J. - (1.) Heard Sri Dev Prakash Mishra, learned counsel for the petitioners, learned Standing counsel for opposite party No.s 1 to 4, Sri Altaf Mansoor for opposite party No.s 5 and 6 and Smt. Madhumita Bose for the rest of the opposite parties.
(2.) A selection was held in Firoze Gandhi Inter College, Raibareli in pursuance of an advertisement dated 15.11.2006. One post of Daftari, four posts of Lab Attendant, five posts of Class IV and one post of Sweeper was to be filled up in pursuance of the his advertisement. A number of petitions have been filed in and around the advertisement. The present writ petition has been filed challenging the advertisement. Other petitions have been filed by those persons who wanted to participate in the selection process and the rest by those who have not been selected in pursuance of the selection. During the course of adjudication these petitions got connected and have formed a kind of bunch before this Court. The present petition is the only one which challenges the validity of the selection as well as the advertisement. Since other petitioners will be directly affected by the result of this petition, therefore, it is a general consensus amongst all the parties that this petition may be heard first. Accordingly, this Court proceeds to hear this petition as a first case.
(3.) There are eight petitioners in the writ petition. They firstly challenged the advertisement on the following grounds:- A.The advertisement was not made in two news papers. B.'Daftri' post is a promotional post and no direct recruitment can be made on the said post. C.There is no qualification prescribed for the post of Sweeper but the advertisement prescribes qualification for Sweeper D.The educational qualification has been enhanced from Class V to Class VIII in the advertisement. E.Roaster has not been followed. F.The age as per the norms should be between 18 to 32 years. The advertisement has stated the age to be 18 to 35. G.There should be a minority Member in the selection committee. H.There should be a nominee of the District Magistrate. I.The name of one person Ramesh Kumar was added later although it was not there in the proposal sent for approval.;


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