MIRZA ASIF ALI BEG Vs. DISTRICT JUDGE

JUDGEMENT

(1.) Above mentioned writ petitions were connected under orders of the Court dated 19.7.2001 in Writ Petition No. 26115 of 2001 since petitioners in the instant petitions had applied in pursuance to an advertisement made by the District Judge, Shahjahanpur in the year 1996 for appointment on the posts of Stenographers and Clerks (Class III posts) governed by the provisions of The Subordinate Civil Courts Ministerial Establishment Rules, 1947 (read with the Uttar Pradesh Rules for the Recruitment of Ministerial Staff of the Subordinate Offices, 1950) to the extent held applicable by the Apex Court in the case of Om Prakash Shukla v. Akhilesh Kumar Shukla and Ors., AIR 1986 SC 1043, wherein it held that Rules 9, 10, 11 and 12 of the Rules, 1947, stood impliedly substituted by Rules 3, 4, 5, and 7 of the Rules, 1950 read with its Schedule under the heading Judicial (A) Department (hereinafter referred to as Rules, 1947 and Rules, 1950 respectively).

(2.) According to the case of the petitioners, a select list was declared on March 16, 1999 containing 25 candidates (including the petitioners) which was notified on March 19, 1999 and appointment letters issued to all of them. Out of these 25 candidates, only twenty candidates joined whereas five candidates did not join.

(3.) Names of Suneet Kumar Khandelwal, Mirza Asif All Beg and Rajeev Kumar Srivastava appeared in the wait list (General category) at serial Nos. 1, 6 and 11. Name of Umesh Chandra Gangwar and Sanjeev Kumar Sharma appeared at serial Nos. 2 and 4 in the wait list (Backward category). The name of Rajeev Kumar appeared at serial No. 5 in the wait list of the candidates of Schedule Caste.