- (1.) THIS special appeal has been filed against the judgment and order dated 30.09.2010 passed by learned Single Judge dismissing the writ petition filed by the Appellant. The brief facts necessary for deciding this appeal are: - The Appellant in pursuance of Advertisement No. 2/1998 by which 118 Class IV posts were advertised to fill up the reserved category vacancies had applied. The result was not declared due to certain orders issued by U.P. Backward Commission, which Commission received several complaints against the selection conducted by the corporation. Ultimately, the result was declared on 23.08.2003 in which the name of the Appellant was included as successful candidate belonging to Scheduled Caste Category. Two other candidates, namely Raghuvar Dayal Raman and one Baba Din filed WP Nos. 2488/2004 and 2489/2004 before the Lucknow Bench of this Court where the court issued an interim order in pursuance of which those candidates who were issued appointment letters were allowed to continue. The corporation by a subsequent order dated 04.07.2005 decided to cancel the entire selection declared in the year 2003 for Class IV post of Peon/Runner/Ferroboy. The writ petition was filed by the Appellant challenging the cancellation of the selection dated 04.07.2005. In the writ petition, the learned Single Judge issued orders dated 18.08.2010 and 01.09.2010 directing the corporation to file supplementary affidavit bringing on record the entire materials to demonstrate as to what reasons compelled the corporation and the Board of Director to resolve to cancel the selection. Supplementary affidavit was filed by the corporation in pursuance of the order dated 18.08.2010. The learned Single Judge after considering the relevant materials on record has dismissed the writ petition by judgment and order dated 30.09.2010 which has been assailed in this special appeal.
(2.) SRI Ashok Khare appearing for the Appellants contended that two persons, namely Raghuvar Dayal Raman and Baba Din who were lower in merit in the select list dated 22.08.2003 are still working in pursuance of the interim orders issued by the Lucknow Bench of this Court in the writ petition filed by them, the Appellant could not have been denied the appointment. He submits that the persons lower in merit being working on their post, the denial of the same benefit to the Appellant is arbitrary. Reliance has been placed on a Division Bench judgment of this Court in Special Appeal No. 139/2001 (Ashok Kumar Singh v. State of U.P.) decided on 21.04.2008. It is further submitted that the cancellation of the entire selection by the corporation is without any valid reason and in spite of the orders issued by learned Single Judge, no relevant materials have been brought on record disclosing the reasons for cancellation.
(3.) SRI Pankaj Kumar Shukla, learned Counsel for the Respondent submitted that there were valid reasons for cancellation of the entire selection. He has referred to the supplementary affidavit filed by one Rajjan Lal, Additional Secretary (NG), posted in U.P. Power Corporation along with which the decision of the U.P. Backward Commission dated 19.11.2001 and another decision dated 12.11.2001 has been brought on record. We have considered the submission of learned Counsel for the parties and perused the record.;