ANIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT Special Appeal, by seven persons (namely, -Anil Kumar s/o Girish Chandra, Adarsh Kumar s/o Raksha Ram Verma, Paras Nath s/o Chhedi Ram, Shiv Das s/o Ram Pyare, Dhirendra Kumar S/o Hardwar Lal, Ram Taul S/o. Lahauri and Mateshwari Nandan Sinha S/o Balram Krishna Sinha) under Chapter VIII Rule 5, Rules of Court arises from impugned judgment and order dated 1 -10 -2004 dismissing Civil Misc. Writ Petition No. 51020 of 1999 (Ganeshji Kushwaha and & Ors. v. State of U.P. & Ors.), which was filed to challenge order dated 2 -11 -1999 (Annexure -6 to W.P.) passed by State Government canceling entire selection proceedings and select list dated 9 -3 -1999 for making appointment on the post of Untrained Veterinary Pharmacist in Basti Division and also the consequential order dated 26 -11 -1999 (Annexure -7 to W.P.) issued by the Deputy Director, Animal Husbandary, Basti Division, Basti rejecting representation (against above action) in pursuance to a direction issued by this Court in earlier Writ Petition No. 32719 of 1999, Ganeshji Kushwaha & Ors. v. State of U.P. Salient facts of the case are noted thus:

(2.) AN advertisement was issued on 10 -8 -1988 for appointment over 17 posts of Untrained Veterinary Pharmacist in Basti Division; 4 post were shown as reserved for S.C./S.T. candidates while 6 posts reserved for OBC candidates (in the impugned judgment mentioned 5 post); copy filed as Annexure -1 to the affidavit filed in support of Stay Application in the present Special Appeal (called 'the affidavit'). Appellants, apart from other candidates, applied in pursuance to the said advertisement. District Magistrate, on being requested in writing, vide order dated 10 -2 -1999 (Annexure -4 to Rejoinder Affidavit in Writ Petition) appointed Dr. T.C. Sharma as his nominee, as contemplated under Rule 6 of U.P. Procedure for Direct Recruitment for Group 'C' Posts (outside the purview of the U.P. Public Service Commission) Rules, 1998; copy filed as Annexure -2 to the Affidavit.

(3.) IT appears that some complaint was made by one Manoj Kumar who was not successful to U.P. State Backward Commission, U.P. Lucknow (called 'the Commission'). The Commission vide order dated 16 -6 -1999 referred the matter to the Government pointing out that reservation in favour of SC/ST and OBC was not done in accordance with Act No. 4 of 1994/G.Os issued thereunder. According to the Commission, 5 posts should have been earnmarked for OBC if quota for SC/ST and OBC was rightly calculated and said Manoj Kumar was entitled for selection. Report of the Commission was communicated to the Secretary, Animal Husbandry and Fisheries Department, U.P. Lucknow vide letter dated 22 -7 -1999. Aforesaid report dated 16 -6 -1999 and letter dated 22 -7 -1999 are Annexures -RA2 and RA3 to the Rejoinder Affidavit (sworn by Paras Nath) filed in the writ petition.