SUPERINTENDING ENGINEER Vs. ANOOP KUMAR RATHORE

JUDGEMENT

(1.) THESE two special appeals arise, though against separate judgments dated 09.09.2005 and 12.01.2009 respectively, out of common questions of law and fact pertaining to the same process of selection on the post of Junior Clerk in the Public Works Department, against an advertisement dated 10.08.1998 published by the Chief Engineer, Public Works Department, Jhansi Region, Jhansi, where the respondent-petitioner Anoop Kumar Rathore (hereinafter referred to as the ''petitioner') claimed appointment on the basis of the said selection.

(2.) THE dispute raised by the petitioner is that knowledge of Hindi typewriting was only a preferential qualification, and not essential, as per the advertisement itself, and therefore, the appellants - employer could not have disqualified the candidature of the petitioner on that count. The stand of the appellants in response is that the word preference in the advertisement was a mistake, and that the Rules provide for knowledge of Hindi typewriting as an essential qualification for the post in question, which would prevail as against an error in the advertisement. The learned Single Judges while allowing the writ petitions have found favour with the plea of the petitioner, hence these appeals under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.

(3.) AT this stage, the petitioner filed Writ Petition No. 7660 of 1999 praying for a writ of mandamus commanding the respondent authorities (appellants herein) to give him an opportunity to appear in the interview for the post of Junior Clerk and thereafter declare his result. This Court entertained the writ petition and thereafter vide order dated 26.02.1999 stayed the declaration of the result of the said selections. Out of the selected candidates, one Santosh Kumar Yadav filed Writ Petition No. 7903 of 2000 and the said writ petition was heard along with Writ Petition No. 7660 of 1999, where after by an order dated 20.04.2001, the interim order dated 26.02.1999 was modified directing the respondents therein to declare the results, which were made subject to the final decision of the writ petition. These facts are mentioned in the order dated 26.08.2006 passed by the Chief Engineer, Public Works Department, Jhansi Region, Jhansi.