Devendra Kumar Upadhyaya, J. - (1.) These proceedings instituted under Article 226 of the Constitution of India seek to challenge the validity of an order dated 16.12.2015, passed by the State Government, whereby the written examination held on 05.07.2015 for one year training of Health Worker (Male) has been cancelled and re-examination for the said training course has been ordered.
(2.) Heard learned counsel for the petitioners and learned Standing Counsel appearing for the State-respondents.
(3.) On 19.11.2012 an advertisement was issued for selecting candidates for one year training of Health Worker (Male) and 540 vacancies were advertised for the said training. The written examination pursuant to the said advertisement was held on 05.07.2015, however, before the result of the said written examination could be declared, a complaint was received by Hon'ble Minister of the State Government in the department of Health relating to certain alleged irregularities and corruption in the said written examination from one Dr. Abdul Haq, who at the relevant point of time was the State Secretary of the Minority Cell of the then ruling party. On the said complaint, an order was passed by the then Hon'ble Minister on 08.07.2015 directing the Principal Secretary of the department concerned to get an enquiry conducted by the Director (Administration), Medical and Health, U.P., and it was further directed that appropriate decision be taken on the said enquiry and till then further proceedings relating to the said examination be deferred and that the result be also not declared. On the directions so issued, the State Government by means of its order dated 10.07.2015 directed an enquiry to be conducted and nominated Director (Administration), Medical and Health, U.P. as Enquiry Officer. The Enquiry Officer, namely, Director (Administration) by means of an order dated 31.07.2015 constituted a Three Member Committee for examination of record and submission of report. The said Committee comprised of (i) Dr. Arjun Singh, Joint Director (Administration), Lucknow (ii) Dr. Aruna Rani Chandra, Joint Director (Administration), Lucknow and (iii) Dr. S.H. Jaisi, Joint Director (Headquarters). The said Committee appears to have submitted its report on 10.11.2015 to the Director (Administration), who submitted his report to the State Government on 18.11.2015. It is, on the basis of the said report dated 18.11.2015 submitted by the Enquiry Officer i.e. Director (Administration), that the State Government took the impugned decision cancelling the written examination held on 05.07.2015 by means of the impugned order dated 16.12.2015.;