M. Katju, J. - (1.) THIS special appeal has been filed against the judgment of the learned single Judge of this Court dated 12.4.2002 in Writ Petition No. 53701 of 2000. In that decision the learned single Judge has followed his own judgment in Writ Petition No. 55771 of 2000, Sushil Kumar Srivastava v. U. P. Public Service Commission, decided on 12.4.2002.
(2.) WE have heard learned counsel for the parties. The facts of this case are that the U. P. Public Service Commission (hereinafter referred to as the Commission) issued an advertisement in the newspaper 'Rashtriya Sahara' dated 3.7.1999 inviting applications for the post of Regional Inspector (Technical) and Assistant Regional Inspector (Technical). Copy of the advertisement is Annexure -1 to the writ petition. The writ petitioner applied against that advertisement. His application was rejected on the ground that he was overage, and hence he filed Writ Petition No. 30063 of 1999 in this Court in which an interim order dated 26.7.1999 was passed permitting him to appear in the examination. Accordingly he appeared in the written examination and practical examination whose result was declared on 25.11.2000 in which he was not declared selected. Aggrieved this petition was filed before the learned single Judge who allowed the same, hence this special appeal.
(3.) IT may be mentioned that Writ Petition No. 30063 of 1999 was dismissed by a learned single Judge of this Court on 15.3.2001, and it was held that the writ petitioner was overage.;