- (1.) 34 Petitioners, working as Class-IV employees in Banaras Hindu University (hereinafter referred to as 'BHU'), have filed this writ petition under Article 226 of the Constitution of India challenging promotion of Respondents 3 to 16 vide order dated 5.6.2007 (Annexure 9) to the post of Junior Clerk and order dated 2.7.2007 (Annexure 1) rejecting Petitioners' representation.
(2.) Sri Ashok Mehta, Advocate, has advanced submissions on behalf of Petitioners and Sri Sunil Kumar Tripathi, Advocate, has appeared for BHU. None has appeared on behalf of Respondents 3 to 16. Office report dated 18.1.2011 shows that Respondents 3,7,11,12 and 13 were served and their acknowledgments were also received while Respondents 4,5,6,8,9,10,14,15 and 16 were issued notices but neither acknowledgment nor undelivered notice received in office. Thus under the Rules, service upon them is deemed sufficient. Sri Tripathi, however, told that Respondents 3 to 16 have authorized University to defend them.
(3.) The facts in brief giving rise to the present dispute are as under.;