Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 122 of 2018 Appellant :- Vishnukant Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Respondent :- C.S.C.,Siddharth Khare
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
(Delivered by Hon'ble Jayant Banerji,J.) Order on the memo of the Appeal:
This Special Appeal has been filed challenging the judgement and order dated 23 January 2018 passed in Writ-A No.- 53065 of 2014 (hereinafter referred to as the 'first subject petition') whereby the writ petition praying for quashing the selection proceedings in respect of advertisement of recruitment for the posts of Gram Vikas Adhikari dated 16 August 2014, was dismissed. This Special Appeal has also been filed for setting aside the above judgement dated 23 January 2018 by means of which the connected Writ-A No.- 4183 of 2015 (in which the petitioners were not parties) was allowed. It is an admitted fact that the petitioners were called for the physical efficiency test as well as interview but were unsuccessful.
It was contended by the learned counsel for the petitioner- appellant that the selection committee was calling 800 candidates per day for physical test and interview which was not humanly possible and was an empty formality and thus the selection proceedings have to be set aside.
Shri Ashok Khare, learned Senior Counsel appearing for the respondents states that though the notice sent to the petitioners also specified the roll numbers of the candidates who were being called for the physical examination, the fact of the matter is that call letters were issued in lots of 210 candidates per day in order of their roll numbers calling them for physical test and interview.
It appears from the record that varying numbers of candidates were being called for the interview which was held in the Chamber of the District Development Officer, Mirzapur. From the perusal of the record, it appears that original records relating to the selection were produced by the learned Standing Counsel before the learned Judge, from perusal of which it was proved that call letters were issued in lots to 210 candidates per day in order of their roll numbers calling them for physical test and interview. The physical test was to be conducted in the campus of Government Industrial Training Institute, Bathua, Mirzapur. Interview was to be conducted from 12:00 Hours in the Chamber of the District Development Officer on the same day by the Selection Committee.
The number of candidates who appeared for interview are as follows:
On 23.08.2014, 126 candidates appeared, on 24.08.2014, 111 candidates appeared, on 25.08.2014, 120 candidates appeared, on 27.08.2014, 113 candidates appeared, on 28.08.2014, 100 candidates appeared, on 29.08.2014, 83 candidates appeared, on 01.09.2014, 107 candidates appeared, on 04.09.2014, 109 candidates appeared, on 05.09.2014, 111 candidates appeared, on 06.09.2014, 98 candidates appeared, on 07.09.2014, 90 candidates appeared, on 09.09.2014, 106 candidates appeared, on 10.09.2014, 69 candidates appeared, on 11.09.2014, 97 candidates appeared, on 13.09.2014, 87 candidates appeared, on 15.09.2014, 89 candidates appeared, on 18.09.2014, 100 candidates appeared, on 19.09.2014, 91 candidates appeared, on 20.09.2014, 74 candidates appeared, on 22.09.2014, 92 candidates appeared, on 23.09.2014, 73 candidates appeared, on 25.09.2014, 87 candidates appeared, on 26.09.2014, 85 candidates appeared, on 27.09.2014, 88 candidates appeared, on 29.09.2014, 111 candidates appeared and on 30.09.2014, 91 candidates appeared.
The learned Judge observed from perusal of the original records that for physical test, 7 to 13 officers were nominated who took physical test in lots of 20 to 30 candidates at a time. Thus, for one lot of physical test, a maximum of 1 hours time could be taken and after test of one lot they were sent for interview. The learned Judge has observed it is possible for their physical test and interview to be conducted on the same day. Thus, after considering all the facts of the case, the learned Judge dismissed the first subject writ petition.
With regard to Writ-A No.- 4183 of 2015 (hereinafter referred to as the 'second subject petition). It is noticed that neither of the petitioners were party to the same. This petition was filed for quashing the order of the State Government dated 7 October 2014 restraining the District Development Officer to hand over the charge of the posts of "Gram Vikas Adhikari' of District Mirzapur to the selected candidates and for mandamus directing the respondents to permit the petitioners to join on the post of Gram Vikas Adhikari of District Mirzapur forthwith. By way of an amendment application, orders for cancelling the selection on the post of Gram Vikas Adhikari of District Mirzapur and the communication thereafter were challenged. The selection committee fixed a date for physical efficiency test and interview. Some complaints were filed that candidates who were not Intermediate pass with Science/Agriculture were also called for interview and candidates having better qualification than 'CCC' Certificate were not permitted/called for interview. By a letter dated 12 November 2015, the Government stopped further proceedings of selection. However, after an enquiry conducted by the State Government and on being satisfied with the fairness of selection, the selection was proceeded with and call letters were issued to the candidates in lots of 210 candidates per day in order of their roll numbers calling them for physical test and interview. After physical test and interview, a select list of Gram Vikas Adhikari was published on 30 September 2014 and appointment letters were issued to the petitioners of the second subject petition on 3 October 2014. Thereafter, the first subject writ petition was filed, in which this Court by an order dated 26 September 2014 called for instructions and observed that result of the selection shall be subject to the result of writ petition. Accordingly, the State of U.P. issued an order dated 7 October 2014, restraining the District Development Officer from handing over the charge of the post of Gram Vikas Adhikari of District Mirzapur to the selected candidates. Therefore, the second subject petition was filed. After considering the entire facts and circumstances of the case, the learned Judge dismissed the first subject writ petition and allowed the second subject writ petition with direction to the respondents to permit the petitioners of the second subject petition to join on the post of 'Gram Vikas Adhikari' of District Mirzapur forthwith.
Thus, it is evident that the second subject writ petition was filed in pursuance of an order passed by the State Government consequent to an interim order of this Court in the first subject writ petition.
It is evident, therefore, that the contention of the petitioner- appellant that 800 candidates were being called for physical test and interview per day is not correct. Call letters were issued in lots of 210 candidates per day in order of their roll numbers calling them for physical test and interview. Seven to thirteen officers were nominated who took physical test in lots of 20 to 30 candidates at a time and after test of one lot, they were sent for interview. The original records that were produced before the learned Judge have been referred to elaborately in the judgement under Appeal and the same are not disputed by the learned counsel for the petitioner- appellant. Thus, it is evident that the challenge to the selection proceedings in pursuance of the advertisement dated 16 August 2014 is based on specious plea and baseless allegations.
As stated above, the first subject writ petition, after careful consideration of facts was dismissed and the second subject writ petition was allowed. Thus, the judgement dated 23 January 2018 of a learned Judge calls for no interference and this Special Appeal is, accordingly, dismissed.
Order Date :- 27.2.2018 A. V. Singh (Dilip Gupta,J.) (Jayant Banerji,J.)
Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 122 of 2018 Appellant :- Vishnukant Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Respondent :- C.S.C.,Siddharth Khare
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
Order on Civil Misc. Leave Application No. 2 of 2018
This application has been filed for treating the respondent nos. 7 to 52 of the Special Appeal as respondents.
From the perusal of the record, it appears that the respondent nos. 7 to 52 were not impleaded by the petitioner in the Writ-A No.- 53065 of 2014 (Vishnukant Tiwari and Another Vs. State of U.P. and 5 Others). Accordingly, the leave is denied and the application is rejected.
Order Date :- 27.2.2018 A. V. Singh (Dilip Gupta,J.) (Jayant Banerji,J.)