Allahabad High Court
Prem Chandra Tripathi And 4 Others vs State Of U.P. And Another on 18 October, 2019
Bench: Pankaj Mithal, Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- SPECIAL APPEAL No. - 1289 of 2018 Appellant :- Prem Chandra Tripathi And 4 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Alok Dwivedi,P.N.Saksena,Senior Advocate Counsel for Respondent :- C.S.C.,Neeraj Rai,Seemant Singh Hon'ble Pankaj Mithal,J.
Hon'ble Rohit Ranjan Agarwal,J.
We have heard Sri Satyaveer Singh, learned counsel for the respondent no. 2, Sri P.N. Saksena, learned Senior Advocate assisted by Sri Alok Dwivedi, learned counsel for the appellants and Sri Ashok Khare, learned Senior Advocate assisted by Sri Seemant Singh, learned counsel for the respondent. We have also heard Sri K.S. Kushwaha, learned counsel who move application for intervention.
An application has been filed on behalf of respondent no. 2 for modification of order dated 08.01.2019 passed by this Court on the ground that Government Order dated 20.06.2014 had cancelled the selection held prior to that date, only in reference to interview held without providing 21 days notice.
Relevant part of the Government Order is extracted hereasunder:-
"????????? ?????? ????? ?? ???? ?? ???? ?????? ????? ???????????? ?? ?????? ???? ??? ?? ?? ?0 ???0 ???????? ?????? ???? ??? ????? (????????? ?? ????? ?????? ????? ?????????? 1998 ??? ?? ??? ???????? ?? ?????? ???????? ??????-1/2011 ?? ??????? ???? ???? (21 ??? ?????) ??? ????????? ??? ?????? ???? ????? ?? ???? ??????????? ??????? ?????? ?? ??? ???? ??, ??? ??? ?????? ???? ???? ??? ?? ???? ?????? ??????? ????/?? ???? ??? ????? ??? ?????????? ?? ????????? ????????? ??? ???? ???? ?? ????/??????????? ???? ?? ?????????? ? ???? ??? ??? ???? ?????? ??????? ??????? ?? ????? ?? ????? ??????? ?? ?????? ? ???? ????
????? ???? ?????? ???? ??? ???? ?????? ?? ????? ?? ??????? ????????? ????? ?? ???? ?????"
In para 10 of the affidavit to the modification application, it is stated that selection/ interview held can be categorized in the following category:-
(i) From 21.01.2014 to 26.02.2014, interview held.
(ii) From 2.6.2014 to 3.7.2014, interview held but cancelled due to Government Order dated 20.06.2014.
(iii) From 27.04.2015 to 06.05.2015, interview postponed due to resignation of Chairman of the Commission.
(iv) From 18.05.2015 to 26.06.2015, interview was again held. The interview of Kanpur region was postponed due to the order dated 06.04.2016 passed in Writ Petition No. 4988 of 2016.
It is submitted that there is no dispute in regard to the interview held from 21.01.2014 to 26.02.2014 as for the interview held during the said period, 21 days clear notice as mandated was given, however, for the period 02.06.2014 to 03.07.2014 the interview which was held was cancelled due to Government Order dated 20.06.2014 on account of the fact that 21 days notice by registered post was not given for the interview to be held pursuant to the advertisement no. 1/2011.
In view of the above, the last paragraph of order dated 08.01.2019 is modified to the extent that the selection is allowed to proceed before the re-constituted Board for the candidates who have appeared after the Government Order dated 20.06.2014, where 21 days complete notice was given by registered post as mandated, and the result of such selection shall be declared, as the interviews prior to the said date where the notice period of 21 days was not complete have been cancelled, which order is final subject to the outcome of the pending litigation.
With the aforesaid modification, the application no. 2/ 2019 stands disposed of.
The application no. 3 of 2019 filed by one Dr. Radha Krishna, as an intervenor in the present appeal for modification of the order dated 08.01.2019 also stands disposed of in terms of the modification application no. 2 of 2019 filed by respondent no. 2.
Order Date :- 18.10.2019 V.S.Singh