JAGDISHWAR PRASAD Vs. DISTRICT MAGISTRATE ALLAHAD

JUDGEMENT

(1.) Three petitioners, Jagdishwar Prasad, Shesh Narain Pandey and Om Prakash preferred this petition against impugned order dated 26th July. 1997 (Annexure-2 to the writ petition) rejecting petitioners' representation claiming right of consideration of their candidature for the post of Assistant Registar Kanoongo on the basis of eligibility list (said to have been prepared in the year 1982), (copy filed as Anncxure-1 to the petition).

(2.) Learned counsel for the respondents raised preliminary objection regarding alternative remedy of appeal contemplated under statutory Rule 9 (3) U. P. Avar Rajaswa Lipik (Registrar Kanoongo and Assistant Registar Kanoongo) Sewa Niyamawali. 1958. hereinafter called Rules, 1958.

(3.) The preliminary objection regarding availability of alternative remedy cannot be entertained for two reasons.