SUNIL AMBWANI, J. - (1.) HEARD Shri Ashok Khare, Sr. Advocate assisted by Shri V.D. Shukla for the petitioner. Learned Standing Counsel appears for the respondents.
(2.) THE petitioners applied for selections as 'Safai Karmis' in 'general category', in response to the advertisement dated 16.6.2008. They were subjected to cycle test/ safai test and interviews on different dates and were called to appear in a test on 4.10.2008 at Vibhuti Narain Government Inter College, Gyanpur. The selection process concluded on 4.10.2008. A final select list was prepared by the district authorities. On 5.11.2008 the State Government passed an order, on the recommendation of the District Magistrate, cancelling the entire selections on the complaints made against the selection process. The State Government directed fresh selection to be held, excluding the officers, included in the earlier selection committees. By this writ petition the petitioners have questioned the validity of the order dated 5.11.2008 of the State Government cancelling the entire selections and the notification dated 3.11.2008 issued by the District Panchayat Raj Adhikari, Sant Ravi Das Nagar readvertising 1264 posts of 'Safai Karmis' to be selected in accordance with the procedure provided in the Group-D Employees Service Rules, 1985 (the Rules), as amended from time to time. Shri Ashok Khare, learned counsel for the petitioner submits that the State Government did not have authority under the Rules to cancel the selections held in accordance with the statutory Rules. The order has been passed without application of mind on the report of the District Magistrate, which was wholly motivated and based on surmises and conjectures. The committees constituted by the District Magistrate had maintained transparency and impartiality in selections. The material on the basis of which selection were cancelled was not sufficient to arrive at the conclusion to cancel the selection process.
(3.) IN the counter affidavit of Shri K.P. Singh, District Panchayat Raj Officer, Sant Ravi Das Nagar, Bhadohi it is stated in the beginning, in para 3 (b) that the impugned advertisement is dated 3rd December, 2008, and not 3rd November, 2008. An advertisement was issued on 16.6.2008 inviting application for recruitment of 1264 posts of Safai Karmis in Distt. Sant Ravi Das Nagar, Bhadohi, followed by a corrigendum dated 09.7.2008. The posts were created by Government Orders dated 1.3.2008, 11.4.2008 and 6.6.2008, to be filled up in accordance with Group-'D' Employees Service Rules, 1985, for sanitation and to maintain cleanliness for the health of general public in villages from amongst persons, who had knowledge and experience in cleaning of roads and drains etc., one of the basic eligibility for appointment.;