- (1.) V. K. Shukla, J. Petitioners in this Bunch of writ petition are questioning the validity of the decision taken by the State Government cancelling the selection held for the posts of Assistant Marketing Inspector Grade III.
(2.) BRIEF background of the case is that large number of vacancies of Group "c" and Group "d" posts were lying vacant in the Department of Agriculture Marketing on account of ban being imposed by the State Government on the recruitment vide Government Order dated 29-3-2003. Said ban was lifted on 15-1-2004. After lifting of the said ban letter was written by the Chief Secretary addressed to all the concerned department for filling up the vacancies which were lying vacant since long on 29-6-2004. The said letter was circulated by the Chief Secretary mentioned that on priority basis appointments be made and it was also mentioned therein that Head of the respective department will have special role to play in most of the case as in majority case appointment is to be made at the level of Head of Department. Thereafter letter was sent by the State Government on 9-7-2004 which was also addressed to Director, Agriculture and Marketing mentioning therein that meeting is to take place in the Chamber of Principal Secretary on 12-7-2004. Thereafter the said meeting took place on 12-7-2004 and on the said date information was furnished to the effect that there are 711 posts sanctioned and against the same 479 have been filled and 232 posts are still lying vacant. Similarity of work in between Marketing Distribution and Mandi Parishad was also noted, and necessity for filling up the remaining vacancy was also directed to be looked into vide letter dated 14-7-2004 and the next date of meeting was fixed on 16-7-2004. On 27-7-2004 letter was send and by means of the same details of steps taken in respect of the appointment was asked for. Thereafter of the same date dated 27-7-2004, letter was sent informing that meeting was fixed on 28-7-2004 and Director was asked to participate in the said meeting with all details. Director on 27-7-2004 wrote letter mentioning therein that details are being furnished qua the existing vacancies and suitable directives be issued in the matter of making appointment. Further steps are being undertaken for filling up the Class III and Class IV posts. Thereafter advertisement was issued on 8-8-2004. Each one of the petitioners claim that pursuant to said advertisement he/she applied for consideration of his/her candidature and thereafter select list was finalized and published on notice board on 6-11-2004 wherein name of each one of the petitioners figured. Petitioners have contended that in respect of declaration of the result no action was being taken then similarly situated incumbent preferred Civil Misc. Writ Petition No. 16095 of 2005 before this Court and this Court directed the respondents to issue appointment letters to the petitioner or show cause. Petitioners have contended that in stead of complying with the directives to issue appointment letters, petitioners acquired knowledge that the decision has been taken to cancel the entire selection. At this juncture present writ petition has been filed. Counter-affidavit has been filed and it has been contended that action which has been taken by the State Government is rightful decision and none of the legal right of the petitioners stand defeated by any means. It has been contended that in spite of the fact that directives were issued for non- declaration of the result on 1-11-2004, illegally result has been sought to be declared on 6-11-2004 and further it has been sought to be contended that there is large scale illegality and the appointment has not at all been made in consonance with the Rules and further at the time of attaining the age of superannuation said list has been sought to be published and date shown as 6-11-2004 is incorrect and maneuverered date. It has been contended that selection in pursuance to the advertisement had already been stayed by Lucknow Bench of this Court on 8-11-2004 and entire thing has been sought to be manipulated in order to overcome and override the same but in spite of that in back date on 6-11- 2004 select list has been set up.
(3.) REJOINDER affidavit has been filed to show that Director has no personal interest in the matter and, on the pressure being exerted by State Government after lifting the ban, all the appointments have been validly made in bona fide of exercise of power. Valid selection process has been undertaken and no fault can be found in the selection and petitioners have been appointed as they are outcome of selection made through due advertisement by duly constituted Selection Committee, as such there is no infirmity in the same. After pleadings mentioned above have been exchanged present bunch of writ petitions have been taken up for final hearing and disposal with the consent of the parties. Apart from this original record qua selection proceedings have also been produced.;