WRIA/54654/2004 of VINAY KUMAR PANDEY Vs STATE OF U.P. AND OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 54654 of 2004 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  Versus 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 Vinay Kumar Pandey .....Petitioner(s) State of U.P. and Others .....Respondent(s) 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 WRIA No. 54654 of 2004 2 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. WRIA No. 54654 of 2004 3 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. WRIA No. 54654 of 2004 4 (Anish Kumar Gupta,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad