SHAMBHOO LAL SRIVASTAVA Vs. DISTRICT JUDGE KUSHI NAGAR

JUDGEMENT

(1.) HEARD Sri Satish Mandhyan, learned Counsel for the petitioner and Sri Neeraj Upadhyay, Special Counsel for the respondents.

(2.) THE District Judge, Kushi Nagar issued an advertisement dated 13 -6 -1999 for direct recruitment to fill up 42 vacancies of Class III employees in the judgeship. All the petitioners applied and appeared in the written examinations held on 24 -10 -1999. The result was declared on 8 -2 -2000 including the names of petitioners at serial Nos. 19, 20, 21 and 22 of the list of 'general' candidates. Sixteen persons out of merit list of general candidates; eight persons from the list of 'scheduled caste' candidates and eleven persons from the list of 'other backward caste' were given appointments on the same day on 8 -2 -2000. The list also included names of those Class IV employees, who were found eligible for promotion in their quota to Class III posts. In this manner a total number of 35 candidates were given appointments. The petitioners made a joint representations dated 26 -5 -2000 objecting, that these 42 vacancies could not include the promotion quota. The reserved categories candidates were wrongly adjusted in general category. Sri Shaktidhar Dube at serial No. 1 of the list of promotees was not eligible as he had suffered punishment in a departmental enquiry, and that petitioner No. 3 as grand -son of freedom fighter was not given the benefit of reservation in his category.

(3.) THE petitioners also claimed appointment on regular basis from out of select list dated 8 -2 -2000 and sought amendment of the writ petition. The amendment application was allowed on 24 -1 -2003.