MUNAZIR Vs. STATE OF U P & OTHERS

JUDGEMENT

(1.) The writ petition No. 40253 of 2012 has been filed by the petitioner Munazir, the selected candidate challenging the order dated 26.07.2012 passed by the District Magistrate, Rampur and further praying that the authorities may be restrained from taking any action on the basis of the order impugned and to permit the petitioner to work as 'Rozgar Sewak' in Gram Panchayat, Kumhariya, Block Development Saidnagar, Rampur, whereas the writ petition No. 43870 of 2012 has been filed by one Rehan, the complainant on whose objection the matter was referred to the District Magistrate for decision challenging the very same order passed by the District Magistrate dated 26.07.2012 with a further prayer that since Rehan was the second selected candidate on the basis of merit, his case should be considered in case the District Magistrate found the selection of Munazir to be vitiated instead of the District Magistrate directing for a fresh selection to be held for the post of 'Rozgar Sewak' in Gram Panchayat concerned.

(2.) The facts relevant for deciding the controversy are being given here-in-below:

(3.) An advertisement was published in 'Amar Ujala' newspapers on 19.04.2010 in inviting applications for appointments as 'Rozgar Sewak'in villages of the Development Block, Saidnagar. The petitioners being qualified and eligible had applied in pursuance to the said advertisement.