- (1.) BY The Court.- The respondents - appellants aggrieved by the order dated 20.03.2009 passed by a learned Single Judge in Civil Misc. Writ Petition No. 2072 of 2009 have preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.
(2.) SEVERAL writ petitions involving the very same controversy were clubbed together and have been decided by the impugned judgement or those not clubbed together have been decided in terms of the judgement impugned. Special Appeal No. 551 (D) of 2009 (Ravi Shanker Singh and 94 Others vs. Sumit Kumar and Others) has been filed by the Service Provider (Appellant No. 95) and the Appellants No. 1 to 94 claim to have been appointed and sent for training in pursuance to the Government Order dated 09.02.2009 issued as a consequence of the U.P. Rural Employment Guarantee (Second Amendment) Scheme 2008. Special Appeal No. 680 of 2009 (Ajai Gupta vs. Sumit Kumar and Others) is by the Service Provider selected in pursuance to the advertisement issued after the enforcement of the Second Amendment Scheme 2008. The challenge to the impugned judgement in both these Special Appeals is on common grounds as taken in the other connected Special Appeals. All the Special Appeals arising there from have been heard and are being decided together. Learned counsels for all the parties have been heard at length.
(3.) BY the judgement impugned in this intra-court appeal, the clauses no. 5.4, 5.5, 5.5-A, 5.9, 8.1, 8.2, 8.3 and 8.4 of the U.P. Rural Employment Guarantee (Second Amendment) Scheme, 2008 have been declared ultra vires the provisions of National Rural Employment Guarantee Act, 2005 and policy of the Central Government to implement the Act contained in the operational guidelines of the years 2006 and 2008.;