- (1.) THERE is a bunch of writ peti­tions, relating to the selection of 'Safai Karmis' in different districts in the State of U.P. This portion of the bunch relates to the District Bahraich and since common question of fact and law are involved in these writ pe­titions, they are decided together, the leading case being W.P. No. 8077(SS) 08 Bahori lal and others v. State of U.P. and others.
(2.) THE petitioners have challenged the or­der of the Principal Secretary, Department of Panchayat Raj, Govt. of U.P. opposite party No. 1 dated September 22, 2008, cancelling the entire select list of Safai Karmi, on the basis of report of the Commissioner, Devi Patan Mandal, Gonda, submitted on the com­plaints received by the District Magistrate about irregularities in the selection. The petitioners were selected in the se­lection held on the basis of advertisement is­sued by the District Panchayat Raj Officer, Bahraich. The opposite party No. 5 published the select/merit list of the candidates, in which the names of the petitioners were given ac­cording to their merit position. The result was published in the news paper as well as pasted on the notice board. The main argument in this matter is, that the selection held of thou­sands of candidates, was cancelled in one stroke without there being sufficient material before the authorities to take such a decision. The challenge has been made through these writ petitions to this cancellation on the ground of arbitrariness, mala fide, undue haste and non application of mind.
(3.) SRI Rakesh Kumar Chaudhari, who is the counsel in most of the writ petitions including the leading one, mentioned above, ad­dressed this Court for the petitioners and the Addl. Advocate General Sri Jaideep Narain Mathur assisted by Sri Majive Shukla, learned standing counsel advanced his arguments on behalf of the opposite parties.;