- (1.) We have heard Shri G.K. Singh, learned Counsel for the petitioner -appellant. Shri Prakash Padia appears for the Food Corporation of India.
(2.) This Special Appeal arises out of judgment of learned Single Judge dated March 7, 2006, by which he has dismissed the writ petition filed by Shri Raj Kumar -the petitioner -appellant for his appointment as Assistant Grade III (Depot) in UP Region in pursuance to the advertisement issued for filling up 175 vacancies in the year 1986. The petitioner appeared in the selections and was empanneled at serial No. 56 in the select list of general category candidates. In the earlier Writ Petition No. 10225 of 1987 filed by the petitioner along with Shri Prem Prakash Sharma; Shri Pravin Kumar Sharma and Shri Ram Narain; this Court, by its judgment dated 12.9.1997, found that the Corporation has not given sufficient reasons to fill up all the vacancies worked out for open market, from the departmental candidates. The Court also found that the administrative instructions issued subsequently will not prevail over the regulations already in existence; if the selection process had started and written test and interviews were held, the change of policy in the aforesaid manner, was not permissible. A writ of mandamus was issued to complete the selection process and to pass appropriate orders for appointments.
(3.) The Corporation gave appointment to only two of the petitioners. It is alleged that since the petitioner had filed a Contempt Petition, the Corporation did not give appointment to the petitioner on which he filed the Writ Petition No. 19126 of 1999. The writ petition was dismissed, giving rise to this Special Appeal.;