MAHESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) All these four writ petitions have been filed by the persons, who had applied for appointment on the post of Junior Clerk-cum-Typist in the Excise Department of the State of UP. in pursuance to the advertisement, which was published on 5.8.1997, and included 24 post (21 post of Clerk-cum-Typist reserved for Scheduled Castes and three post of Clerk-cum-Typist reserved for Scheduled Tribes) . Out of total number of the applicants, who fulfilled the requisite qualification, a type test was held by the Excise Department. In the type test so held as many as 304 candidates, including the petitioners qualified. For completing the process of selection, interview was scheduled to be held between 3rd November, 1997 to 29th November, 1997 by the Excise Commissioner, who was the Chairman of the Selection Committee. In respect of the interview test, a Selection Committee, comprising of four officers of the Excise Department, was constituted, which included the Excise Commissioner as the Chairman. Between 3rd November, 1997 to 5th November, 1997 50 candidates, including the petitioners, were invited for interview. Petitioners participated in the said process of interview. However, on 4th November, 1997 itself a Government Order was issued whereby the process of selection was stayed. Since the knowledge of the Government Order could be obtained by the office of the Excise Commissioner only on 5th November, 1997, the process of selection was stopped at that stage.

(2.) Without completing the process of selection so initiated, the Excise Department published a fresh advertisement inviting applications for 15 posts of Junior Clerk-cum-Typist vide advertisement dated 7/10.8.1998. The said advertisement was challenged by means of Writ Petition No. 3098 of 1998. the writ petition was finally decided vide judgment and order dated 11.8.2000 and the respondents were directed to declare the result of the selection held in 1987.

(3.) Against the said order of the Hon'ble Single Judge, Excise Department filed Special Appeal No. 563 of 2000, which was dismissed on 9.4.2002. Against the judgment of the Division Bench, the State preferred Special Leave Petition No. 16942 of 2002, which was also dismissed by the Hon'ble Supreme Court.