Ashok Bhushan, J. - (1.) THESE four special appeals relate to selection and appointment on Class-IV post under the Chief Medical Officer, Sant Ravidas Nagar, Bhadohi held in the year 2002. The issues raised in these appeals being similar, they have been heard together and are being disposed of finally by this common judgment.
(2.) WE have heard Sri N.K. Pandey and Sri Syed Farman Ahmad Naqvi for the appellants in Special Appeals No. 1247 of 2005 and 1172 of 2005 respectively. Sri J.N. Maurya, learned Standing Counsel has appeared for the respondents in the aforesaid appeals and for the appellants in Special Appeal Nos. 574 of 2010 and 575 of 2010. The Appeal Nos. 1274 of 2005 and 1172 of 2005 have been filed against the judgment and order of learned Single Judge dated 3rd May, 2005 by which Writ Petition No. 13333 of 2003 (Rajesh Kumar Kanaujia and 26 others v. Chief Medical Officer and others) was dismissed. From the array of the parties, it transpires that Smt. Munni Devi is appellant No. 27 in Special Appeal No. 1274 of 2005 and also is appellant in Special Appeal No. 1172 of 2007, but no issue regarding competence of the appeals having been raised before us, we proceed to decide the appeals of Munni Devi on merits.
(3.) SPECIAL Appeal No. 574 of 2010 has been filed by the State of U.P. against the judgment and order of learned Single Judge dated 1 st November, 2006 allowing Writ Petition No. 1839 of 2003 (Mohan Singh v. State of U. P. and others) and Writ Petition No. 23840 of 2004 {Mohan Singh v. State of U.P. and others). SPECIAL Appeal No. 575 of 2010 has been filed by the State of U.P. against the judgment and order of learned Single Judge dated 15th December, 2006 allowing Writ Petition No. 8371 of 2005 (Rajesh Kumar v. Chief Medical Officer and others). For deciding all these appeals, it is sufficient to note the facts in detail of Special Appeal No. 1274 of 2005 arising out of Writ Petition No. 13333 of 2003. In Writ Petition No. 13333 of 2003 (hereinafter referred to as the writ petition of Rajesh Kumar Kanaujia) counter and rejoinder affidavits were filed. From the pleadings of the parties in the writ petition of Rajesh Kumar Kanaujia as well as the materials brought on the record in appeal, following facts emerge:;