- (1.) Heard learned counsel for the petitioners ,learned Standing Counsel and perused the record.
(2.) By means of the present writ petition the writ petition has been filed with the prayer to issue writ of certiorari calling for the entire record of the selection for the post of follower/cook/kahar on basis of the notification dated 22.12.2002 and further payer is to issue writ of mandamus directing the respondents to start selection afresh in accordance with law and to appoint the petitioners as per law.
(3.) Counsel for the petitioner submitted that the petitioner nos.1, 2, 3 and 6 were appointed and joined their duties in police line Mirzapur in January 1998 on leave vacancy. They also performed Mela and V.I.P. duties. Petitioner no.4 Kishan Singh joined as cook in 2000 and after that he performed his duty in police line as well as in Navratra Mela and V.I.P. duties on leave vacancy. Petitioner no.5 Rajendra Prasad also joined as cook in the year 1999 in the same department. Petitioner no.7 Santosh Kumar was appointed as cook on leave vacancy in the year 1999 and petitioner no.8 Gajadhar was appointed as cook and was working at Police Station Lal Dikki City, Mirzapur. The experience certificates were issued by the Inspector, Reserve Police Line, Mirzapur. 30 vacancies were notified on 22.12.2012 for appointment as follower/cook/kahar/mali/sweeper and as per advertisement preference was to be given to those candidates who have working experience in the police department. He also contended that not only the experience of the petitioners were ignored by the authorities while selecting the candidate but even reservation policy has not been followed and as well as 50% candidates were selected from the reserved category which is clear that out of 30, 23 candidates were selected from the reserved category, 13 candidates from schedule caste, 10 candidates from O.B.C. and only seven candidates were selected from general category, hence this is also violation of law and violation of judgment of the Hon.Apex Court passed in the case of Indira Sahini. Subsequently when the time was allowed for filing counter then without waiting the result of the writ petition the candidates were appointed on 30 posts, hence the direction be issued for selection of the petitioners.;