V.K.SHUKLA, J. - (1.) ON 24.8.2002 from the office of Chief Development Officer, Ballia advertisement was made for making selection and appointment on the post of Jeep Driver and Class IV employee.
(2.) PETITIONER applied for the post of "Patra Wahak" as per advertisement on 1.7.2002. Age of the incumbent prescribed was in between 18 to 35 years and relaxation of five years was provided for qua SC/ST/OBC category candidates. Selection was to take place in consonance with the provisions as contained in Group-'D' Employee Service Rules, 1985. Said selection was to be based on the basis of interview. Last date for filling up application form was 10.9.2002. Petitioner was issued call letter fixing 6.10.2002. On 6.10.2002 Interview took place. Some complaints were made qua said selection. Special Secretary, Gram Vikas Vibhag, U.P., Lucknow sent letter to District Magistrate, Ballia on 7.10.2002, contending therein to initiate inquiry qua the said selection and submit report till 8.10.2002. Result of Interview was stayed. Contention of petitioner is that no inquiry whatsoever took place and as result was being illegally withheld, consequently, petitioner approached this Court by preferring Civil Misc. Writ Petition No. 29655 of 2004 for declaration of the result. Pursuant to the order passed by this Court, Inquiry Committee was constituted for initiating inquiry and for submitting its report. Thereafter, impugned order in question has been passed, which is subject matter of challenge in the present writ petition. Counter affidavit has been filed and therein it has been contended that selection, which had taken place, same was contrary to Rules and as such same has been cancelled.
(3.) REJOINDER affidavit has been filed and therein statement of fact mentioned in the counter affidavit has been rebutted and that of writ petition has been reiterated.;