RAM BABU DWIVEDI Vs. STATE OF UP

JUDGEMENT

(1.) 1. Shri V.K. Srivastava, learned counsel appears for the petitioner. Learned standing counsel appears for the respondents. The affidavits have been exchanged. With the consent of parties the matter was heard and is decided at the admission stage.

(2.) THE petitioner was engaged in the Home Guards Organization in the year 1979. He was appointed/promoted as Assistant Company Commander in the year 1983. In the year 1997 he was appointed/promoted by the District Commandant, Home Guards, Allahabad vide order No. 249 dated 29.1.1997 as Company Commander. THE petitioner was required to appear before the Screening Committee on 5.9.2008, and was declared successful for appointment as Company Commander. By a notice dated 4.8.2008 the petitioner was required by an order to appear before the Screening Committee on 5.9.2008. THE final list of the selectees prepared by the Screening Committee did not include the name of the petitioner on the ground that the petitioner did not belong to block Kanaili, District Kaushambi for which the appointment was to be made.

(3.) THE short question, that calls for consideration in this writ petition, is whether the U.P. Home Guards Act 1963 provides for the residence in a particular village/area, as a condition for appointment as Company Commander and whether the Circular Order No. 5/1998 dated May, 23, 1984 to that effect, issued by the Commandant General, Home Guards providing that in rural areas the candidate must belong to the block to be able to attend the work, is a violative of provisions of U.P. Home Guards Act, 1963, and stands the test of reasonableness in appointment/promotions as Company commander.