- (1.) Heard learned counsel for the parties and perused the record.
(2.) This special appeal is directed against the judgment and order dated 1.10.2007 passed by His Lordship sitting singly in Civil Misc. Writ Petition No. 32615 of 2007: Udai Bhan Vs. State of U.P. & others allowing the writ petition.
(3.) The brief facts of the case are that in August 1998, the District Magistrate/Collector Sant Kabir Nagar notified an advertisement in accordance with provisions of Uttar Pradesh Procedure for Direct Short Title Recruitment for Group 'C' posts (outside the purview of the Uttar Pradesh Public Service Commission Rules, 1998), inviting applications for the post of typist/junior clerks, in Collectorate, Sant Kabir Nagar. Pursuant to said advertisement, petitioner/appellant aplied for the post in question and after facing written test held on 13.12.1998, appellant was declared successful. Thereafter, petitioner-appellant appeared in the typing test on 20.3.1999 in which he attained maximum speed of 40.4 words per minute. After interview on 25.10.1999, the select list was declared on 28.10.1999 in which one Ajai Kumar Srivastava was declared selected in the general category and name of Udai Bhan Chand, respondent no. 1, was shown selected in the category of other backward caste candidates whereas and the petitioner-appellant was not shown selected despite his claim having secured highest typing speed.;