(1.) This is a writ petition for cancelling the selection of Respondent Nos. 3 to 8 which was made in pursuance of the interview held on 25th October, 1999. The facts are as follows :
(2.) The District Magistrate, Sant Kabir Nagar published an advertisement on 10th August, 1999 for filling up the post of junior clerks in his Collectorate. These posts admittedly are out side the purview of Public Service Commission, and are covered by U.P. Procedure for Direct Recruitment for group-C Posts (out side the purview of the Uttar Pradesh Commission) Rules, 1998 (the Rules). A written test was held on 30th December, 1998 and successful candidates were called for interview. The interview was held on 12th March, 1999 and thereafter final select list was published on 16th March, 1999. Six persons were selected. Five of them are petitioners here and sixth person was respondent No. 8. However, no appointment letters were issued and the petitioners received a fresh letter dated 22nd October, 1999 on 23.10.1999 for appearing in the interview again on 25.10.1999. The subsequent interview was held and thereafter fresh selection list was published on 28th October, 1999. In this list none of the petitioners were selected and in their place respondents No. 3 to 7 were selected. Respondent No. 8 was again selected. This subsequent interview was held in pursuance of the Government Order dated 19th April, 1999. According to the petitioners they had not knowledge about the same and they came to know about it subsequently. According to this letter the earlier interview was cancelled as the selection committee was not properly constituted the petitioners have challenged this letter dated 19.4.1999, subsequent interview and the results on the basis of this subsequent interview.
(3.) I have heard Dr. R. G. Padia, learned Counsel for the petitioners learned Standing Counsel for respondents No. 1 and 2 and Sri V.K. Shukla, learned Counsel for the respondent No. 3. Following points arise for determination in this case :