LAWS(ALL)-1998-9-144

MUQEEM AHMADS Vs. DISTRICT JUDGE SULTANPUR

Decided On September 04, 1998
MUQEEM AHMAD Appellant
V/S
DISTRICT JUDGE, SULTANPUR Respondents

JUDGEMENT

(1.) An advertisement which appeared in the local newspaper, 'DA1NIK RISH1DESH' published from Sultanpur on 22.6.1997, issued by the District Judge. Sultanpur, respondent, calling for applications from the candidates for appointment to class IV posts in the Judgeship of Sultanpur, has come to be challenged in the present three writ petitions, on the ground that on the basis of test and interview held for preparing the waiting list of candidates under Rule 12 of the U. P. Subordinate Civil Courts Inferior Establishment Rules. 1955 (hereinafter referred to as 'the Rules of 1955'), for the posts of Process Servers. Orderlies. Office peons and Farrashes, published on 13.6.1995 in the light of the roster as prescribed by the State Government under sub- section (5) of Section 3 of the U. P. Public Services (Reservation for Scheduled Castes and Scheduled Tribes and Other Backward Classes) Act, 1994, has not yet exhausted by making appointments after serial number 7 onwards.

(2.) In Civil Misc. Writ No. 3824 of 1997, there are 7 petitioners, whose names find place at serial numbers 9 to 14 and 16. Two petitioners in Civil Misc. Writ Petition No. 4104 of 1997 have been placed at serial numbers 17 and 20, while Shiv Prasad-petitioner of Writ Petition No. 4785 of 1997 is at serial number 18 of the list, dated 13.6.95 prepared under Rule 12 of the Rules of 1955 Annexure-1 to the Civil Misc. Writ Petition No. 3824 of 1997.

(3.) Counter and rejoinder-affidavits have been exchanged. Heard Sri Manish Singh, learned counsel for the petitioners in Civil Misc. Wrjt Petition Nos. 3824 of 1997 and 4104 of 1997 and Sri Vijay Kumar Misra, learned counsel for the petitioner-Shiv Prasad in Civil Misc. Writ Petition No. 4785 of 1997 and learned standing counsel on behalf of the District Judge, Sultanpur-res pendent.