STATE OF UTTARANCHAL Vs. APRATIM BADOLA

JUDGEMENT

(1.) THIS Judgment shall dispose of the special appeals No. 9 and 11 of 2004. Both the appeals are against the judgment of the learned Single Judge dated 17th March, 2004 and 25th March, 2004 respectively. However, the subject, in both the appeals, is common and so the controversy Involved. Both the impugned judgments of the learned Single Judge are almost identical excepting the reference to the parties. The learned Single Judge has allowed the writ petitions No. 1464 of 2002 (S/B) and 1483 of 2002 (S/B). These two writ petitions were filed by 46 petitioners In the first referred writ petition and by 27 petitioners in the second referred writ petition. In these writ petitions, the petitioners i.e. the respondents herein had challenged the order dated 1110 -2002 passed by the State Government vide their order No. 1463 Revenue/ 2002. For the sake of convenience, we shall take up the facts as mentioned in the first referred writ petition.

(2.) THE petitioners i.e. the respondents, herein, in both the writ petitions were selected Patwaris, who were sent for the training after their selection. By the impugned order, the selection of all the petitioners, in both the writ petitions, was cancelled. This wholesale cancellation of the selection process was challenged by the petitioners and the learned Single Judge allowed both the writ petitions quashing the impugned order dated 11 -10 -2002 holding it to be arbitrary and declared the same to be illegal and malafide with the result that the cancellation of the selection process, itself, was quashed. He also gave a liberty to the appellants / respondents to look into the irregularities, if any, arising in the selection in the individual cases after proper scrutiny and after giving Opportunity of hearing to such candidates.

(3.) FOLLOWING facts will highlight the controversy involved :