- (1.) RAKESH Tiwari, J. Heard the learned Counsel for the parties and perused the records.
(2.) BY means of this writ petition the petitioner has prayed for the following reliefs: (i) issue a writ, order or direction in the nature of certiorari quashing the impugned advertisements dated 14-11-1996 (Annexure-18 to the writ petition) and 10-3-1997 (Annexure-19 to the writ petition); (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to hold the interview of the petitioner in response to the call letter dated 22-12-1989 (Annexure-5 to the writ petition); (iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; (iv) award the costs of the writ petition to the petitioner. Substantially the same reliefs have been sought in the other two connected writ petitions and as such all the three writ petitioners are being decided by a common judgment. The brief facts of the case are that an advertisement dated 31-12-1988 was issued by the Deputy Director Education VIIth Region, Gorakhpur for appointment of junior clerks against 32 substantive vacancies in different subordinate offices of the Region. This advertisement was amended by the notification dated 1-3-1989 and further by advertisement dated 16-8-1989 the number of posts were reduced from 32 to 23. The petitioner appeared for typing test held on 16-10-1989 and a call letter dated 22-12-1989 was issued to him for interview scheduled to be held on 1-1-1990.
(3.) THE State Government by Telex dated 27-12-1989 imposed a ban on direct recruitment. THE Deputy Director Education VIIth Region, Gorakhpur by radio broadcast and publication informed the candidates that in pursuance of the Telex dated 27-12-1989 issued by the State Government, the interview scheduled to be held on 1st, 2nd and 3rd January, 1990 has been postponed. THEreafter by office memorandum dated 8-1-1990 applications were invited from Class/iv employees for promotion to Class-III post. The State Government also removed that ban vide Government order dated 24-9-1990, which was imposed on all the direct recruitment earlier by Telex dated 27-12-1989. It is alleged that the petitioner filed a representation dated 1-1-1991 in the office of the Deputy Director Education VIIth Region, Gorakhpur for completing the process of selection. However, a selection list dated 26-6-1991 was issued by the Deputy Director Education promoting the selected candidates from Class-IV to Class-III post.;