ANUJ PANDEY Vs. DISTRICT JUDGE, MAINPURI & OTHERS
LAWS(ALL)-2008-11-96
HIGH COURT OF ALLAHABAD
Decided on November 06,2008

Anuj Pandey Appellant
VERSUS
District Judge, Mainpuri And others Respondents

JUDGEMENT

D.P.SINGH, J. - (1.) HEARD learned counsel for the parties. This petition relates to recruitment and appointment as Class III employees in the District Judgeship of Mainpuri. Pleadings have been exchanged and the substantial facts and the issue of law involved are identical and as such the petitions are being disposed off by this order.
(2.) FOR the sake of convenience and with the consent of parties, Writ Petition No. 35563 of 2002 is taken to be the leading petition. In pursuance of an advertisement dated 6.7.2001 inviting applications for filling up 14 vacancies of Clerk in the Judgeship at Mainpuri, all the petitioners applied. After following the procedure prescribed under U.P. Recruitment of Ministerial Staff of Subordinate Offices in U.P. Rules 1950 and U.P. Subordinate Civil Court Ministerial Establishment Rules 1947 and the circulars of the High Court and after holding a written examination a select list of 28 candidates in accordance with the roster was issued signed by the District Judge, Mainpuri on 2.8.2002 and on the same day the appointment letters were also issued. For ready reference the select list is quoted below: Sr. No. Roll No. Name of the candidate Category 1. 2060 Sri Nagesh Malik S.C. 2. 3851 Sri Sudeep Kumar Trivedi Gen. 3. 0174 Sri Akhilesh Kumar Yadav B.C. 4. 4239 Sri Vedpati Misra Gen. 5. 2502 Sri Rishi Raj Kureel S.C. 6. 0071 Sri Ajai Kumar Srivastava Gen. 7. 2105 Sri Mukul Kumar Shakya B.C. 8. 0415 Smt. Archana Singh Gen. 9. 2425 Sri Praveen Kumar B.C. 10. 1553 Sri Kewal Nayan Tripathi Gen. 11. 4100 Sri Vivek Kumar Maurya S.C. 12. 4222 Sri Vibhuti Narain Khare Gen. 13. 3407 Km. Seem Yadav B.C. 14. 4264 Sri Vinai Kumar Tripathi Gen. 15. 3887 Sri Satya Pal Singh S.C. 16. 3452 Sri Sheelndra Kumar Mishra Gen. 17. 2945 Sri Lohman Singh S.C. 18. 1623 Sri Mohd. Rashid Gen. 19. 3649 Sri Sanjai Babu Rastori B.C. 20. 3577 Sri Sameer Kumar Gen. 21. 0034 Sri Avadhesh Kumar S.C. 22. 1782 Sri Manoj Kumar Srivastava Gen. 23. 3438 Sri Sanjeev Kumar Verma B.C. 24. 3667 Sri Shamshad Hussain Jaidi Gen. 25. 0681 Sri Anand Kumar S.C. 26. 3103 Km. Sadaf Usman Gen. 27. 0075 Sri Anoop Kumar B.C. 28. 0049 Sri Asheesh Srivastava Gen.
(3.) ALL the aforesaid writ petitions have been filed either challenging the selection itself on various grounds and/or claiming appointment alleging favouritism and malpractice. In the leading petition serious allegations of manipulation in the recruitment process was alleged and also indicating therein that substantial number of selectees were related to either Judicial Officers or its employees. It was also alleged that the evaluation of answer books was ridden with motivated award of marks. Several arguments have been raised by the petitioners and countered by the respondents and after hearing them all the answer books were summoned by the Court. The Court and the counsel for the parties were also allowed to examine it. After examination, especially the answer books of the selected candidates, there does not appear to be any necessity to deal with the other arguments except to note certain striking features.;


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