STATE OF U P Vs. RAM ABHILASH MAURYA

JUDGEMENT

(1.) The order of the learned single Judge dated 23.1.2009 passed in CM WP No. 53313 of 2008 and a bunch of other connected matters, whereby the selection process of 'safai karmis' (Group D employees) under the State of UP were held to be legal, not warranting any interference with the selection process and the eventual select list prepared by the authorities concerned, consequently settling aside the impugned order dated 23.9.2008, whereby the selection of the candidates for the aforesaid posts was set aside by the District Magistrate, Respondent Appellant No. 4. For convenience, the parties are referred to in this order as they were arrayed in the writ petition, in which the present Appellants were the Respondents.

(2.) At the outset, we may mention that the present bunch matters are squarely covered by two other connected civil misc. writ petitions, giving rise to Spl. Appeal Nos. 1898 of 2009 and 1063 of 2009. In all these writ petitions and the the writ petition giving rise to the present special appeal, the cancellation of the selection process for the aforesaid posts of safai karmis was under challenge; of course, on different grounds. The other two aforesaid special appeals that have been filed, challenging the orders of the learned single Judge and those appeals have already been heard and eventually dismissed by this Court.

(3.) In the present case, the grounds for challenge are slightly different. In other words, though the epicentre of the controversy is the cancellation of the selection process, the grounds for such cancellation are different from the other bunches of the aforesaid special appeals. So also, the grounds for selection of the candidates in the present case are also different. Adding to this, the earlier writ petitions and the consequent special appeals that were disposed of were belonging to the other districts, namely, Gorakhpur and Firozabad. It is not necessary to repeat the grounds on which the earlier writ petitions were filed and the grounds on which the writ petitions were allowed, and, consequently, the special appeals were dismissed filed by the Government.