Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THAT all the petitioners are about 35 years of age and on the date of examination they had completed 4 months working as a cleaner. All the petitioners have also got driving licence of light vehicle/heavy vehicles. The petitioners were appointed as Constable in IVth Battalion P.A.C. the details of which are given below : (1) Petitioner No. 1 was appointed on 20.4.1992. (2) Petitioner No. 2 was appointed on 9.7.1989. (3) Petitioner No. 3 was appointed on 1.6.2003. (4) Petitioner No. 2 was appointed on 1.4.1992. The petitioners are working as cleaner in P.A.C. continuously and regularly since their appointment. The petitioners have already got training of the post of cleaner and their names appear in the list issued by the Commandant IVth Battalion P.A.C., Allahabad, dated 28.5.1999. The Commandant of IVth Battalion P.A.C., Allahabad, passed an order that petitioner Nos. 1 and 4 shall work as Cleaner. It is submitted that in the impugned order dated 22.2.2002 the Commandant IVth Battalion P.A.C., Allahabad, had made observations that the number of Cleaners who were given training in IVth Battalion P.A.C., Allahabad, is more than required. It is submitted by the petitioners that they have got experience of more than 5 years as a Cleaner and they have already appeared in the examination, 117 Reserved Drivers and the petitioner Nos. 1, 2, 3 and 4 are within the age limits. All the petitioners are also having driving licence and there is no justification for not permitting them to appear in 119 Reserved Driver Post Examination which is going to be held within a month.
(3.) IT is submitted by the counsel for the petitioner that earlier the Writ Petition No. 5268 of 2002 was filed by petitioner No. 2 in this Court and the Commandant IVth Battalion, P.A.C., Allahabad passed an order, dismissing the representation of the petitioner, on the ground that they are not High School with Science. The impugned order also wrongly says that the petitioners did not apply for the post of Driver, which is totally incorrect. IT is submitted that the fact is that all the petitioners have already appeared in 117 Driving examination but they could not qualify. In 117 Driving examination the respondents did not allow the petitioner to appear. The contention of the petitioners is that the petitioners are having experience of more than 2 years as a Cleaner and that is why they were allowed to appear in 117 Driving Examination and now the position is also not different. The action of the Commandant IVth Battalion, P.A.C., Allahabad, in not sending the name of the petitioner Nos. 1, 2, 3 and 4 for appearing in 119 Driving Examination is wholly illegal and the petitioners cannot be deprived from appearing in examinations. All the petitioners are constables. Sri Gaya Prasad Tiwari, Sri Mulayam Singh Yadav and Sri Atma Ram Yadav are all eligible to appear in driving examination. The impugned order says that they were not allowed to appear on the ground that they were not having qualification of High School with Science. The qualification for the post of driver is not High School with Science. Thus, it is submitted in the instant case the petitioners have been denied opportunity by illegal order dated 22.2.2002. Therefore the order dated 22.2.2002 is illegal.;