Heard Mr.Pankaj Srivastava, learned counsel for the petitioner and Mr.Vinod Kumar Singh, Senior Advocate assisted by Mr.Pankaj Patel, learned counsel for the State Ware Housing Corporation.
By means of the present writ petition the petitioner has challenged the holding of examination for appointment on the post of Group 'C' employees of the Corporation, which is scheduled to be held on 16th of June, 2010, on the ground that the advertisement, pursuant to which the examination is to commence, is already under adjudication in writ petition No.7621 (SS) of 2008:Ram Naresh and others versus State of U.P. and others.
Though this court by means of interim order dated 30th of April, 2010 has not been pleased to interfere in the Interview proceeding, but had provided that the result of the same shall not be declared till further orders of this court. The Corporation appealed the said order before the Division Bench through the Special Appeal No.387 (SB) of 2010, but has not succeeded to get any interim order against the order passed by the Hon'ble Single Judge. He further informs that it appears that one candidate, who appeared in Interview filed a writ petition No.34585 of 2010 before this Court sitting at Allahabad for 2 declaration of result before the Hon'ble Single Judge. The Hon'ble Single Judge issued a writ of mandamus to the respondents commanding them to declare the result of selection process held from 3rd of May, 2010 to 10th of May, 2010 by the Corporation immediately, which was also appealed before the Division Bench unsuccessfully as the court of appeal did not interfere in the same only on the technical ground that the employee of Group 'D' has no locus to file the appeal in the matter of Group 'C' employees without entertaining the same on merit of the case. Thus he submits that since the order passed by the Hon'ble Single Judge in writ petition No.34585 of 2010 has not been interfered with, the Corporation proceeded to declare the result of Class IV employees and now for Group 'C' employees they have started the proceeding of examination, which is impugned in the present writ petition.
Though Mr.V.K.Singh, learned Senior Advocate appearing for the Corporation invited the attention of this court towards the interest of about 5,000 candidates, who are to appear in the examination, which is scheduled to be held tomorrow as all the formalities of the examination have been completed and they must have reached the Centers of examination with the request that let the examination be permitted to be held in the interest of justice, but keeping in view the judicial intervention in the matter by means of interim order passed in writ petition No.7621 (SS) of 2008, which is still holds good, prima facie, I am of the view that the judicial propriety demands to interfere 3 in the matter and I do not feel it appropriate to permit the Corporation to proceed further even a step ahead from the stage of interim order passed on 30th of April, 2010, therefore, I hereby restrain the respondents to hold the examination of Group 'C' employees pursuant to the Advertisement issued on 13th of November, 2008, which is sub- judice before this court in writ petition No.7621 (SS) of 2008 with the restraint interim order. Accordingly direction is issued and the respondents are restrained to hold the examination in question till further orders of this court.
Three weeks time as prayed by learned counsel for the opposite parties is allowed to file the counter affidavit.
Connect and list alongwith writ petition No.7621 (SS) of 2008. Learned counsels for the parties are directed to apprise the U.P. Cooperative Institutional Service Board i.e. examining body with the order passed by this court today itself.
Dated:15.6.2010 Banswar