SUDHIR AGARWAL,J. - (1.) WRIT Petition No. 48688 of 2006 (hereinafter referred to as the "1st set")filed by six petitioners, namely, Taram Dhwaj, Brijesh Kumar Singh, Amar Nath Yadav, Rajesh Kumar, Vinod Kumar and Gajendra Singh, seeking writ of mandamus commanding the respondents to appoint them on the post of Assistant Radio Wireless Operator against the vacancies advertised on 07.09.2001 and 25.04.2005 and also to quash the selection process/result and appointment already made on the post of Assistant Radio Wireless Operator.
(2.) THE case of the petitioner is that they are Ex-servicemen retired from various armed forced on various dates in the year 2001-02-03. The State Government vide Government Order dated 28th July, 1999 has provided 5%reservation for Ex-Serviceman vide advertisement dated 17.09.2001. The respondents advertised 890 vacancies of Assistant Radio Wireless Operator (hereinafter referred to as (A.R.W.O). However, above selection could not be materialised and subsequently vide advertisement dated 15th September 2004 further 170 vacancies of A.R.W.O. were advertised. The said selection also did not proceed and third advertisement was published on 14th May 2005 advertising 1061 vacancies of A.R.W.O. wherein 530 posts for general category, 287 posts for other backward class (hereinafter to be referred as "O.B.C."), 220 posts for Scheduled Caste (hereinafter to be referred as "S.C."), 21 posts for Schedule Tribe (hereinafter to be referred as "S.T."). The pre-examination was held on 09th April 2006, physical test held on 04th April 2006 and 09th July 2006, written test was held on 30th July 2006 and interview was held in between 18th August to 23th August, 2006. However, the petitioners have not been finally selected and have not been given benefit of 5% reservation of Ex-Serviceman. Selection has been held illegally. There is lack of transparency inasmuch as marks obtained by candidates have not been disclosed and selection of chosen candidates have been made without following the policy of reservation.
(3.) SRI Girish Tiwari, learned counsel for the petitioners has submitted that since the petitioners belonged to reserved category, they were entitled to be selected against the vacancies meant for Ex-Serviceman and the respondents have denied the said reservation to the petitioners and have acted illegally.;