Sunil Ambwani, J. - (1.) 1. Shri V.K. Srivastava, learned counsel appears for the petitioner. Learned standing counsel appears for the respondents. The affidavits have been exchanged. With the consent of parties the matter was heard and is decided at the admission stage.
(2.) THE petitioner was engaged in the Home Guards Organization in the year 1979. He was appointed/promoted as Assistant Company Commander in the year 1983. In the year 1997 he was appointed/promoted by the District Commandant, Home Guards, Allahabad vide order No. 249 dated 29.1.1997 as Company Commander. THE petitioner was required to appear before the Screening Committee on 5.9.2008, and was declared successful for appointment as Company Commander. By a notice dated 4.8.2008 the petitioner was required by an order to appear before the Screening Committee on 5.9.2008. THE final list of the selectees prepared by the Screening Committee did not include the name of the petitioner on the ground that the petitioner did not belong to block Kanaili, District Kaushambi for which the appointment was to be made. The petitioner was required to produce a domicile certificate that he was a resident of block Kanaili District Kaushambi, to confirm the appointment/promotion. The petitioner submitted a reply on 4.5.1999 stating that at the time of his engagement in Home Guards Organization in 1979, the petitioner was a resident of Village Jugrajpur Block Kanaili District Kaushambi. In the year 1999 by a family settlement in his family the petitioner got his share of properties in Village Bhikharipur Ka Purva @ Rajendra Nagar, Block Newada, District Kaushambi after which he along with his two brothers started living in Block Newada, District Kaushambi. A show cause notice was given to the petitioner on 3.11.2008 to which he submitted his reply. The District Commandant, Home Guards, Allahabad, by his order dated 5.12.2008, dispensed with/cancelled his appointment as Company Commander on the ground of non-production of the domicile certificate of Block Kanaili, giving rise to this writ petition.
(3.) THE short question, that calls for consideration in this writ petition, is whether the U.P. Home Guards Act 1963 provides for the residence in a particular village/area, as a condition for appointment as Company Commander and whether the Circular Order No. 5/1998 dated May, 23, 1984 to that effect, issued by the Commandant General, Home Guards providing that in rural areas the candidate must belong to the block to be able to attend the work, is a violative of provisions of U.P. Home Guards Act, 1963, and stands the test of reasonableness in appointment/promotions as Company commander. The petitioner submits in paragraph-7 of the writ petition as follows:- "7. ......At the time of his engagement in Home guard organization in the year 1979 the petitioner was residing at Village Jugrajpur, Block Kanaili, District Kaushambi. In the year 1999 a partition by means of a family settlement took place in the family, as a result whereof the share of the petitioner's family was given in the property situated in village Bhikhari Ka Purwa @ Rajendra Nagar, Block Newada, District Kaushambi and consequently the petitioner along with his other 2 brothers and family started residing at village Bikhari Ka Purwa @ Rajendra Nagar, Block Newada District Kaushambi. The petitioner also informed the respondent no. 3 regarding his change of address on 4.5.99.";