- (1.) This bunch of special appeal is directed against the judgment and order of this Court dated 11.1.2011 passed Writ Petition No. 41107 of 2008 (Hemant Kumar Vs. Dr. Bhim Rao Ambedkar University, Agra through its Vice Chancellor & others) alongwith 20 other connected writ petitions wherein the learned Single Judge has proceeded to uphold the cancellation of appointment of class III and class IV employees of Dr. Bhim Rao Ambedkar University, Agra (hereinafter referred to as the 'University').
(2.) Brief background of the case, as is emanating from the record in question, is that an advertisement no. 1 of 2007 has been published by the University on 25.10.2007 in daily newspaper 'Amar Ujala' and on 28.10.2007 in daily newspaper 'Aaj' for making recruitment to various class III and class IV posts. The last date for receiving application forms was 12.11.2007 and subsequent to the same a corrigendum was also published in daily newspaper 'Amar Ujala' dated 22.11.2007 wherein the last date of submission of application forms was extended up to 26.11.2007. Before the said advertisement in question has been issued, a selection committee was constituted by the Vice Chancellor on 14.11.2007 comprising of (i) Registrar of the University (ii) Professor Ved Prakash Tripathi, Director, Deen Dayal Rural Development Institute and (iii) Dr. R.K. Bharti, Department of Social Work, Social Science Institute. Pursuant to the said advertisement in question in all 680 applications were received for class III posts and 632 applications were received for class IV posts. Thereafter, the selection process commenced and in the said direction Registrar of the University called a meeting of selection committee vide letter dated 26.12.2007 requiring Professor Ved Prakash Tripathi and Dr. R.K. Bharti to participate therein. This much fact is reflected that, thereafter, Dr. R.K. Bharti prepared a list of 20 candidates for the post of Routine Clerk, class III, based on the marks awarded in academic qualifications. This much is also reflected that the selection committee proceeded to hold the interview for class IV posts from 6.4.2008 to 10.4.2008 and it interviewed 125 candidates everyday but for the last date i.e. 10.4.2008 only 110 candidates have been interviewed. After holding the interview for class IV posts, selection committee prepared a select list of 13 candidates and 5 candidates were placed in waiting list. On 20.4.2008 typing test for class III posts was conducted and then Dr. R.K. Bharti claims to have sent a letter dated 21.5.2008 to Vice Chancellor mentioning therein that in compliance of certain legal provisions and principles of natural justice he withdrew himself from selection process of backlog special recruitment and another person be substituted for interview of Routine Clerks scheduled to be held on 23.5.2008. Thereafter, the Vice Chancellor, in his turn, passed an order appointing one Gautam Jaiswal from the Department of Chemistry to replace Dr. R.K. Bharti.
(3.) Record in question reflects that interview for the post of Routine Clerk has been shown to be held on 23.5.2008 wherein 16 candidates from Scheduled Caste category and 4 candidates from Other Backward Class category appeared before the Selection Committee. A select list of 9 candidates belonging to Scheduled Caste category was prepared and 2 Scheduled Caste candidates were placed in the waiting list. Record in question further reflects that, thereafter, appointment letters have been issued to all the selected candidates between 8 to 10.07.2008 and it has also been mentioned that many of the candidates, so selected, proceeded to join. Record in question is also reflecting that complaints were made pertaining to the selection process, that has been so undertaken, that it was vitiated by corruption and malafides and once such letter dated 14.7.2008 was received in the University, then based on the said complaint, so made, the Vice Chancellor constituted a two member committee comprising of Dr. Ram Shanker, OSD (SC/ST Cell) and the Registrar and a restrain order was also passed restraining the candidates from joining till report of the said committee is received. One Professor Sugam Anand of History Department was also nominated as a member of the abovementioned inquiry committee and the said committee submitted its report on 22.7.2008 and based on the said report the Executive Council resolved in its meeting dated 23.7.2008 to cancel the entire class III and class IV selections and directives have been issued for fresh de novo recruitment exercise.;