C.K.PRASAD, J. - (1.) THESE two special appeals arise, though against separate judgments dated 09.09.2005 and 12.01.2009 respectively, out of common questions of law and fact pertaining to the same process of selection on the post of Junior Clerk in the Public Works Department, against an advertisement dated 10.08.1998 published by the Chief Engineer, Public Works Department, Jhansi Region, Jhansi, where the respondent-petitioner Anoop Kumar Rathore (hereinafter referred to as the ''petitioner') claimed appointment on the basis of the said selection.
(2.) THE dispute raised by the petitioner is that knowledge of Hindi typewriting was only a preferential qualification, and not essential, as per the advertisement itself, and therefore, the appellants - employer could not have disqualified the candidature of the petitioner on that count. The stand of the appellants in response is that the word preference in the advertisement was a mistake, and that the Rules provide for knowledge of Hindi typewriting as an essential qualification for the post in question, which would prevail as against an error in the advertisement. The learned Single Judges while allowing the writ petitions have found favour with the plea of the petitioner, hence these appeals under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952. Short facts giving rise to the present appeals are that the petitioner applied for the post of Junior Clerk in the Public Works Department in the Jhansi Region against the advertisement issued by the Chief Engineer of the said region dated 10.08.1998. He appeared in the written examination, which was conducted on 13th December 1998 and by a subsequent letter dated 5th February 1999, he was called upon to appear in the typing test scheduled on 13.02.1999. The petitioner appears to have made himself available for the typing test, but could not qualify the same. The result of the written test was declared and a merit list was prepared, which was sent to the State Government. The petitioner was, however, not interviewed, as only those candidates were called for interview who qualified in the Hindi typing test with a speed of 25 words per minute.
(3.) AT this stage, the petitioner filed Writ Petition No. 7660 of 1999 praying for a writ of mandamus commanding the respondent authorities (appellants herein) to give him an opportunity to appear in the interview for the post of Junior Clerk and thereafter declare his result. This Court entertained the writ petition and thereafter vide order dated 26.02.1999 stayed the declaration of the result of the said selections. Out of the selected candidates, one Santosh Kumar Yadav filed Writ Petition No. 7903 of 2000 and the said writ petition was heard along with Writ Petition No. 7660 of 1999, where after by an order dated 20.04.2001, the interim order dated 26.02.1999 was modified directing the respondents therein to declare the results, which were made subject to the final decision of the writ petition. These facts are mentioned in the order dated 26.08.2006 passed by the Chief Engineer, Public Works Department, Jhansi Region, Jhansi.;