MUKUL KUMAR TYAGI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These three appeals have been filed questioning the common judgment of High Court of Allahabad dated 09.05.2019 delivered by a Division Bench in Special Appeal No.585 of 2018 ­ Deepak Sharma and 05 Ors. Vs. State of U.P. with several other special appeals. By the impugned judgment, the Division Bench of the High Court has allowed the appeal setting aside the judgment of a learned Single Judge dated 07.10.2017 delivered in batch of writ petitions led by Writ Petition No. 41750 of 2015 ­ Prashant Kumar Jaiswal and 12 Others Vs. State of U.P. and 10 Others and dismissing all the writ petitions.

(2.) For deciding these appeals, it shall be sufficient to notice the facts and questions of law as arising in Civil Appeal No.9026 of 2019 ­ Mukul Kumar Tyagi Vs. The State of Uttar Pradesh And Ors., which is being treated as lead appeal. The learned Single Judge by judgment dated 07.10.2017 has decided the batch of writ petitions led by Writ Petition No.41750 of 2015 ­ Prashant Kumar Jaiswal and 12 Others Vs. State of U.P. and 10 Others, which judgment was subject matter of challenge in the Special Appeal No. 585 of 2018 and other appeals in which impugned judgment has been delivered. It is, thus, necessary to notice the relevant facts giving rise to Writ Petition No.47510 of 2015 and sequence of the events after judgment of the learned Single Judge dated 07.10.2017.

(3.) The subject matter of these appeals is recruitment to the post of Technician Grade-II in Uttar Pradesh Power Corporation Limited conducted by Uttar Pradesh Electricity Service Commission, Uttar Pradesh Power Corporation Limited, Lucknow. Under Uttar Pradesh Electricity Supply Act, 1948, the erstwhile Uttar Pradesh State Electricity Board had framed regulations constituting Electricity Service Commission, which was entrusted to conduct examination for the various posts to be filled up by competitive examination. After enactment of Uttar Pradesh Electricity Reforms Act, 1999, the Uttar Pradesh Electricity State Board ceased to exist and was replaced by the Corporation. The Corporation adopted the Regulations framed by Uttar Pradesh State Electricity Board including Uttar Pradesh Electricity Board of Operational Employees Category Service Regulations, 1995 (hereinafter referred to as "Regulations, 1995"), which provided for recruitment to the post of Technician Grade-II. The qualifications provided for in Regulations, 1995 were as follows:-