INDU PRAKASH VARMA Vs. STATE OF U P

JUDGEMENT

(1.) THESE two writ petitions are connected. They involve common question and are therefore being decided by this common order. Counter-affidavit has been filed by the State in Writ Petition No. 30460 of 2005. Rejoinder affidavit has also been filed in that writ petition.

(2.) IN both the writ petitions, there are two private respondents. According to the office report given in both the writ petitions, the notices were issued by registered post to the private respondents and in case of 6th respondent neither acknowledgment has been received back whereas in case of 7th respondent neither acknowledgment nor undelivered cover has been received back. More than thirty days has elapsed since sending of the notice and therefore service on these two private respondents is presumed for both the writ petitions. No appearance has been put in by the said private respondents. The letter dated 3-2-2005 issued by the Principal Secretary, Government of U. P. to the Director Ayurvedic and Unani Services and to the Director Homeopathic Department indicates that it was proposed to fill up certain posts of Medical Officers on contract basis; and for filling up these posts one of the criteria was that the vacancies of the districts would be filled up by giving preference to the candidates belonging to that district, and if candidates of that district were not available only then the vacancy would be filled up by the candidates belonging to the adjoining districts.

(3.) IT has been mentioned in paragraph 14 of the writ petitions that the private respondents have been selected under the Scheduled Caste quota. According to the writ petitions, the petitioners in both cases also belong to the Scheduled Caste. Thus, the defence in paragraph 14 of the counter-affidavit become irrelevant.