Sunil Ambwani, J. - (1.) THE seven writ petitioners in Writ Petition No. 11394 of 2008; the writ petitioner in Writ Petition No. 30321 of 2008 and the writ petitioner in Writ Petition No. 45381 of 2008 were declared successful amongst the 11 candidates for recruitment on the reserved posts of clerks in the backlog vacancies in the office of the District Panchayat Raj Adhikari, Basti. By these writ petitions they have prayed for direction to set aside the order of the Principal Secretary, Panchayat Raj, Anubhag-1, Government of U. P. dated February 20th, 2008 by which entire selections have been cancelled and for consequential reliefs.
(2.) SHRI Vijai Mahendra has appeared for petitioners in Writ Petition No. 11394 of 2008; SHRI Arun Kumar has appeared for SHRI Bharat Nath Yadav, the petitioner in Writ Petition No. 30321 of 2008 and SHRI O.K. Singh for the petitioner in Writ Petition No. 45381 of 2008. Standing Counsel appears for State- respondents. SHRI Ashok Khare, Senior Advocate assisted by SHRI Manoj Kumar has appeared for SHRI R.B. Sahu, the then District Panchayat Raj Officer, Basti arrayed as respondent No. 6 in the writ petitions. The counter and rejoinder affidavits have been exchanged. With the consent of the parties the matter was finally heard. The U.P. Procedure for Direct Recruitment for Group-C Posts (Outside the Purview of the U.P. Public Service Commission) Rules, 2002 notified under Article 309 of the Constitution of India provides for the determination of vacancies and the procedure for direct recruitment to Group 'C' posts in the State of U.P. The rules were amended by the first amendment to the Rules in the year 2003. There were nine backlog vacancies of OBC category and two in the Scheduled Castes category in the office of the District Gram Panchayat Adhikari in Distt. Basti. The petitioners along with about 1600 candidates applied for selections in pursuance to the Advertisement for appointments. A list of the applicants was prepared in the descending order of quality point marks in order of merit, for being invited for interviews, which were held from 28.12.2007 to 16.1.2008 by a selection committee constituted in accordance with Rule 6 of the Rules of 2002, which included the Chairman, an officer belonging to the OBC category and one of Scheduled Castes category nominated by the District Magistrate.
(3.) THE quality point marks were processed with the help of the computers. On the basis of the marks awarded by the Selection Committee in interviews 11 persons including the petitioners in their respective categories were declared to be selected. Four candidates including Km. Lalita Maurya were issued appointment letters, but their joining reports were not accepted. It appears that some complaints were made alleging unfairness in the process of selections. THE source of the allegations made by the complainant have not been disclosed in the counter affidavit filed by Shri B.S.B. Kumar presently posted as District Panchayat Raj Officer, Basti. A report was submitted by the members of the selection committee namely the Sub Divisional Officer, Basti Sadar; the District Samaj Kalyan Adhikari, Basti; the District Backward Class Welfare Officer, Basti and the District Employment Officer, Basti to the District Magistrate on 5th February, 2008 regarding some irregularities in the selections. It appears that before this report was submitted on 5th February, 2008, the District Magistrate had by his letter dated 4.2.2008 constituted a committee consisting of the Chief Development Officer of Basti as Chairman; Addl. District Magistrate (F and R), and the Chief Treasury Officer as the members and that on their report Shri Ram Babu Sahu, the then District Panchayat Raj Officerwas placed by the Addl. Director, Panchayat Raj, U.P. under suspension and that the entire selection was cancelled by the State Government giving rise to these writ petitions. Shri Anil Kumar Srivastava, Junior Clerk and Shri Ajay Pratap Narain, the Computer Operator were also alleged to be guilty and that the District Magistrate by order dated 28.2.2008 directed a first information report to be lodged in the matter on the directions issued by the State Government, and forwarded by the Director, Panchayat Raj, U.P.;