VINAY KUMAR PANDEYversusSTATE OF U.P. AND OTHERS

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                  WRIT - A No. - 54654 of 2004



Vinay Kumar Pandey
                                                 .....Petitioner(s)
                            Versus

State of U.P. and Others
                                                 .....Respondent(s)

Counsel for Petitioner(s)      : Agnihotri Kumar Tripathi,
                                 Anil Singh Bishen, Nitin
                                 Sharma, R. Mishra, S.
                                 Awasthi, Taniya Pandey,
                                 Vikrant Pandey
Counsel for Respondent(s)      : Ajay Singh, Amrendra Nath
                                 Singh,     C.S.C.,   Prem
                                 Chandra,       R.K.Maurya,
                                 Ramendra Asthana, Ramesh
                                 Singh, S.N.Tiwari

Court No. - 34
(Sl. No. 24)


            HON'BLE ANISH KUMAR GUPTA, J.

1. Heard Sri Agnihotri Kumar Tripathi, learned counsel for the
petitioner, Sri Amrendra Nath Singh, learned Senior
Advocate, assisted by Sri Sad Azam, learned counsel for the
Respondent No.4 and Sri Dilip Kesharwani, learned Addl.
Chief Standing Counsel for the State. None appears for the
Respondent Nos. 5 & 6.

2. The instant writ petition was filed by the petitioner
seeking quashing of the entire selection process concluded on
3.12.2004 for the post of Junior Clerk whereby Respondent
Nos.4 & 5 were selected and given appointment in the
'Government Woodcraft Industrial Training Institute,
Katra, Allahabad'.

3. Briefly stated facts of the case are that vide advertisement
dated 24.8.2004, two posts of Junior Clerks of general
category were advertised to be filled up by the Principal
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Government Woodcraft Industrial Training Institute. The said
advertisement provided that the age limit for the general
candidate is 18 to 35 years as on 1.7.2004. Pursuant to the
said advertisement, various candidates including petitioner
and Respondent Nos. 4,5 & 6 had applied for the aforesaid
two posts. Total 40 applications were received. However, out
of total 40 candidates, only 27 candidates had participated in
the typing test held on 27.11.2004. Out of which, 19
candidates were qualified in the typing test. Out of those 19
candidates, 17 candidates appeared in the interview held on
29.11.2004 and thereafter Respondent Nos. 4 & 5 were
declared selected and were given appointment. Later on, on
7.12.2004, Respondent No. 4 was transferred to District
Employment Office, Deoria and he was relieved on 7.1.2005.
Thereafter, Respondent No. 3 has selected Respondent No. 6
to the post of Junior Clerk on such transfer of Respondent No.
4. Being aggrieved by the illegalities committed in the
selection process, the instant writ petition was filed by the
petitioner.

4. On 23.10.2010, petitioner has brought on record veracious
documents by way of supplementary affidavit including the
inquiry report dated 30.12.2007. Pursuant to the said inquiry
report submitted by the Deputy Director Training to the
Director on 30.12.2007, the Principal Government Woodcraft
Industrial Training Institute, Katra Allahabad was also
suspended and the disciplinary proceedings were initiated
against him vide order dated 16.12.2008. In the inquiry
report, it has been categorically stated that the entire selection
process was dehors the rules and the advertisement. In the
said institute, there were 6 sanctioned posts Junior Clerk. In
the month of June and July, 2004, two clerks were transferred
thereupon two vacancies occurred. Since out of the
remaining 4 Junior Clerks who were working, one Junior Clerk
was of the OBC category and 3 Junior clerks were from the
general category. Vide order dated 20.8.2004, the Principal of
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the aforesaid institute has sought permission to fill up those
posts vide order dated 21.8.2004, the Director has directed the
Principal of the Institute to fill up two posts from the general
category candidates, Pursuant to which, advertisement dated
23.8.2004 was published which prescribes the age limit to be
18 to 35 years as on 1.7.2004. Admittedly, the Respondent No.
4 in his own application, has stated his date of birth to be
11.1.1969 though he claims that he was the candidate of
OBC category in the State of Bihar and he has also sought
permission to submit the OBC certificate in the State of U.P.
later on. However, since the advertisement was for the post of
general category candidate and on 1.7.2004 the age of
Respondent No. 4 was 35 years 5 months and 21 days. Thus,
the Respondent No. 4 was not eligible to apply and his
application ought to have been rejected outrightly. Instead he
was permitted to appear in the typing test and also in the
interview and has been finally selected. In such view of the
matter, in the considered opinion of this Court, since the
respondent No. 4 was not eligible at all to apply pursuant to
the said advertisement being age barred, his application ought
not have been considered.

5. From the inquiry report as submitted by the Deputy
Director of Education, it is also apparent that before typing
test or interview was held, vide order dated 16.9.2004, one
post of Junior Clerk/ Library Clerk was abolished, therefore, in
such view of the matter, the said Government Order was duly
received by the Principal of the institution on 23.9.2004. In
such view of the matter, he ought to have issued corrigendum
and could not have proceeded to select two persons on the
post of Junior Clerk when only one vacancy remain available.
However, he illegally and dehors the provisions of law, has
proceeded to select two candidates. Further upon transfer of
Respondent No. 4, has selected third candidate as Junior
Clerk, which was permissible in law without there being fresh
advertisement.
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                                        6. In such view of the matter, the entire selection process
                                        carried out by The Principal Government Woodcraft
                                        Industrial Training Institute, Katra Allahabad was dehors the
                                        rules and the procedure and the same was illegal for which
                                        he was also suspended and disciplinalry proceedings were
                                        initiated against the Principal Government Woodcraft
                                        Industrial Training Institute, Katra Allahabad.

                                        7. In such view of the matter, all the selections carried out
                                        pursuant to the advertisement dated 23.8.2004 are here by
                                        quashed and the services of the Respondent Nos. 4,5 & 6
                                        shall be terminated with immediate effect. On such
                                        termination of service of Respondent Nos. 4,5 & 6, if any
                                        vacancy remains to be filled up, the same shall be filled up
                                        afresh by making fresh advertisement, in accordance with
                                        law.

                                        8. With the aforesaid observations/ directions, the instant
                                        writ petition stands disposed of.

                                        May 5, 2026/ n.u.

                                                                            (Anish Kumar Gupta,J.)




Digitally signed by :-
NASEEM UDDIN
High Court of Judicature at Allahabad