- (1.) SHISHIR Kumar, J. The present writ petition has been filed for quashing the order-dated 28-2-1998 (Annexure 6 to the writ petition) passed by the respondent No. 2. Further issuing a writ in the nature of mandamus directing the respondents to appoint the petitioner on the basis of the judgment dated 12-9-1997.
(2.) THE facts arising out of the writ petition are that in the year 1985, there were 175 vacancies in the posts of Assistant Grade III (Depot) in the U. P. Region in the Food Corporation of India. THE posts of Assistant Grade III are in category III. THE Food Corporation of India has also framed regulations for the appointment to category III posts. A photocopy of the Regulations 9 and 10 as well as the relevant portion of Appendix-1 of the Staff Regulations 1971 has been annexed as Annexure 1 to the writ petition. It is clear from these regulations that normally procedure for appointment in category III is to call the names from the Employment Exchange and thereafter the appointments are made. In the present case also the names were asked from the Employment Exchange situated in Uttar Pradesh to send the name of the candidates for filling up the posts by way of direct recruitment. In the present case there were 175 vacancies of the aforesaid posts. Out of these posts, 87 were of general category and remaining posts were reserved for different categories. The petitioner applied for general category. The petitioner was registered with the employment exchange in Bulandshahr. The petitioner is a graduate and has minimum qualification for being appointed as Assistant Grade III (Depot ). The name of the petitioner was sponsored by the Employment Exchange to be considered for the said post. On 28-11-1985 the petitioner received a notice for appearance in the written examination. In pursuance of the aforesaid notice, the petitioner appeared in the written examination and he was qualified and called for interview. The petitioner was interviewed on 9th July, 1986. To the Best knowledge of the petitioner the petitioners interview very well and he has all chances of success in the test and hoped to be appointed on the post of Assistant Grade III (Depot ). All Shed Tallymen taken over from the Food Corporation Department have already been promoted to the Assistant Grade. The mode of recruitment for Assistant Grade III (Depot) is that 90% of the vacancies have to be filled upto by direct recruitment and 10% of the vacancies have to be filled up by the way of promotion. When the written test was held no person working in category IV with the Food Corporation of India appeared in the written test. The appointment by way of promotion from category IV to be done separately in the 10% quota. The petitioner waited for the announcement of his result and when the result was not declared the petitioner moved a representation in the month of February 1987 for declaration of his result. Again an application was moved on 6th March, 1987. On an enquiry the petitioner has been found that some persons from category IV who have already worked with the Food Corporation have already been appointed in the month of January, 1987 and their results have already been declared. When the results of persons working in the corporation has been announced there appears to be no reason as to why the result in the case of direct recruitment has not been announced. Approximately, 2000 candidates have appeared in the written examination and 500 candidates were called for interview. 400 were in the quota of direct recruitment and 100 candidates from category IV employees, who were working with the Corporation and who were supposed to be promoted in the 10% quota. As the result of the petitioner was not declared the petitioner alongwith two persons filed a writ petition No. 10225 of 1987 before this Court, which was finally disposed of by judgment and order dated 12-9-1997 and the writ petition was allowed and the respondents were directed to complete the selection process and to pass the appropriate orders in respect of appointment of petitioners. It has further been directed that the respondents will not consider the age bar, if any, in respect of the present petitioners in the matter of such appointment provided the petitioners have been selected in the said selection process and were duly qualified at the time of participation in selection process. In spite of the aforesaid order, when the respondents have not decided then the petitioner filed a Contempt petition before this Court then on 28-2-1998 in compliance with the order of the High Court, a letter was sent by the respondent No. 2 to the petitioner that as the petitioner has been found unfit for appointment on the said post and he was not selected in the selection process against the written test/interview held in the year 1985-86. It has further been stated that other petitioners namely Prem Prakash Sharma and Praveen Kumar Sharma who were impleaded in the writ petition had got their appointment in view of the judgment dated 12-9- 1997 but the case of the petitioner has been rejected.
(3.) AGGRIEVED by the aforesaid order, the petitioner has approached this Court. The submission of the petitioner is that the action of the respondents is wholly illegal and without jurisdiction and contrary to the contention as the respondents has made a select list in which the petitioner is at Serial No. 107 and on the other hand the petitioner has been found unfit in the selection process. The respondents have illegally rejected the candidature of the petitioner as there was a clear direction by the High Court for following the procedure for direct recruitment as provided under Section 9 of the Regulation. As the respondents have violated the provisions of 1971 Staff Regulation whereby it has been provided that for appointment of Assistant Grade III (Depot), 70% of the existing post would be filled by direct recruitment and 30% of the post will be filled up by promotion. It has further been mentioned that procedure for direct recruitment for filling up the vacancies is entirely different from the procedure followed for filling up the vacancies for promotion. The respondents have filled up more than 90% of the existing vacancies by way of promotion, which is illegal and cannot be permitted. The select list has been prepared by the respondents in violation of the statutory provision, as such, the same is liable to be quashed.;