(1.) Heard Counsel for petition and learned Standing Counsel. An advertisement was made for selection of the posts of Class-IV employees in the office of Commissioner, Azamgarh Division, Azamgarh. These posts included orderly 1; Peon 3; Messenger 1; Waterman 1; Chowkidar 1 and Mali 1.
(2.) Names of candidates were called frorm Employment Exchange which forwarded a list of candidates to the office of the Commissioner, Azamgarh Division. The Selection Committee in its meeting dated 22nd July, 1997, selected by interviews and prepared separate merit lists of candidates of general category, backward class and scheduled caste on the basis of marks secured by candidates.
(3.) Petitionerr Rannoo Yadav and Respondent No. 3, Barkhoo Ram, both belonging to backward class, were awarded 28.4 marks each and that the name of petitioner Rannoo Yadav was placed at serial No. 2 on account of age whereas Barkhoo Ram was placed at serial No. 3, in the category of backward class candidates. Ignoring petitioner's claim, Barkhoo Ram was appointed as Mali on the ground that he is Mali by caste and has experience of gardening and planting trees. The petitioner was kept in waiting list.