A.K.YOG, J. - (1.) HEARD Sri R.K. Ojha, Advocate, on behalf of the petitioners and the learned Standing Counsel Sri M.S. Pipersenia, Advocate on behalf of the respondents.
(2.) FACTS of the case, in brief, are that an advertisement No. 17701 was issued by the Excise Department, published in 'Amar Ujala' on 5th August, 1995 for making appointment of Excise Constable in various districts including Mirzapur. The details of the districts have been given in Para 2 of the Writ Petition. Sanjay Kumar Yadava and Yaduvendra Singh (two petitioners) who possessed requisite qualification and eligible for being considered in the appointment on the advertised posts applied and both the petitioners went through the process of selection which included physical test, interview/personality test (held on 27th August, 1997 and 28th August, 1997). Selection process having been completed and a merit list was prepared indicating names often persons wherein names of the petitioner Nos. 2 and 1 were shown at Serial Nos. 3 and 5 respectively (Annexure-1 to the writ petition). In Paragraphs 11 and 12 of the writ petition it is pleaded that similar selection process was initiated on the basis of the same advertisement for other districts/regions and some of the candidates in that region were issued appointment letters and given appointment but the. petitioners have been denied appointment without disclosing reasons.
(3.) PETITIONERS , being aggrieved, approached this Court by filing present writ petition under Article 226, Constitution of India alleging, inter alia, that once selection process was started same should have been brought to its logical end and same should not have been shed in midway arbitrarily on the basis of this very advertisement, particularly when in other districts some of the candidates who were identically situated, as petitioners, having employed on the basis of the selection held in pursuance to the common advertisement. Petitioners cannot be denied appointment arbitrarily, more so when respondents failed to point out any irregularity/illegality being committed in the selection process and select list was never rejected or cancelled.;