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8. Placing reliance on the aforesaid judgment in Upendra Narain Singh (Supra), the appellant-petitioner has submitted that when this Court had issued a direction to the State Government "to advertise, hold and complete the selection process on all the vacancies within a period of four months from the date of delivery of this judgment.", the respondents had no right to cancel the selection process and it had to be completed as directed in the aforesaid judgment and order dated 08-08-2006.

9. In support of his contention that the Craft Instructor Certificate (CTI) awarded to the appellant-petitioner by the NCVT for the trade of Farm Mechanic includes trades of Tractor Mechanic and Agriculture Mechanic Machinery, the appellant-petitioner has annexed a letter dated 26.11.2007 written by the Director, Central Higher Training Institute (ATI) Ludhiana to the Director Training and Employment, U.P. as Annexure No. 5 to the Writ Petition, stating that "मैं प्रमाणित करता हूं कि अनुदेशक प्रशिक्षण शिल्पकार फॉर्म मैकेनिक ट्रेड से (सी.टी.आई.) कराया जाता है । ट्रेड फॉर्म मैकेनिक, ट्रैक्टर मैकेनिक, एग्री. मैकेनिक मशीनरी के प्रशिक्षार्थी को प्रशिक्षण दिया जाता है। तीनों ट्रेडों की अनुदेशक प्रशिक्षण शिल्पकार (सी.टी.आई.) फॉर्म मैकेनिक से प्रमाण पत्र दिया जाता है । याची गण का प्रमाण पत्र सत्य जारी किया गया है ।"

14. The advertisement dated 18-12-2006 and the second advertisement issued in March 2008, copies whereof have been filed as Annexure Nos. 2 and 3 to the Writ Petition respectively, state that the same were issued in compliance of the order dated 08-08-2006 issued by this Court in Writ Petition No. 1822 of 2004 Upendra Narain Singh versus State of U. P. [2006 (7) ADJ 178]. The principal contention of the learned Counsel for the Appellant is that the respondents were obliged to complete the selection process in compliance with the aforesaid judgment of this Court and by not completing the selection process, they have violated the order passed by this Court.

16. Learned counsel for the appellant-petitioner has sought to assail the judgment dated 30-11-2021 on the ground that the Hon'ble Single Judge failed to take into consideration the judgment dated 08.08.2006 passed by this Court in Upendra Narain Singh versus State of U.P. (Supra), paragraph No. 34 whereof is as follows:-

"34. The State Government is directed, in addition, and in modification to the direction issued by Lucknow Bench of this Court in its judgment and order dated 05.3.2003, in Writ Petition No. 6565 (SS) of 2001, Kalyan Rai v. State of U.P. and Ors. to advertise, hold and complete the selection process on all the vacancies within a period of four months from the date of delivery of this judgment. Now since directions have to be issued for fresh advertisement for these vacancies and all those vacancies, which may have arisen subsequently, the rights of those candidates, who have obtained these higher/ teaching qualifications as recommended by the Central Government and provided in the rules by the 2nd Amendment to the Rules of 1991, on 08.08.2003 cannot be ignored. It is as such further directed that all those candidates, who have obtained qualifications upto the date of fresh advertisement shall also be considered for selections and that all those candidates, who were within the age limit on the last date of receiving application in pursuance of advertisement dated 20.8.2003, shall also be eligible to apply for selections in pursuance of the fresh advertisement."

The amendment in Rule 8 by the U.P. Industrial Training Institute (Instructor) (3rd Amendment) Service Rules, 2003, is thus held to be violative to the Constitutional Scheme of distribution of legislative powers, as also Article 14 and 16 of the Constitution of India. The writ petitions challenging the advertisement dated 13.12.2003 are thus liable to be allowed and the advertisement dated 13.12.2003 is consequently quashed."

25. Finally this Court issued the following directions: -

"The State Government is directed, in addition, and in modification to the direction issued by Lucknow Bench of this Court in its judgment and order dated 05.3.2003, in writ petition No. 6565 (SS) of 2001, Kalyan Rai v. State of U.P. and Ors. to advertise, hold and complete the selection process on all the vacancies within a period of four months from the date of delivery of this judgment. Now since directions have to be issued for fresh advertisement for these vacancies and all those vacancies, which may have arisen subsequently, the rights of those candidates, who have obtained these higher/ teaching qualifications as recommended by the Central Government and provided in the rules by the 2nd Amendment to the Rules of 1991, on 08.08.2003 cannot be ignored. It is as such further directed that all those candidates, who have obtained qualifications upto the date of fresh advertisement shall also be considered for selections and that all those candidates, who were within the age limit on the last date of receiving application in pursuance of advertisement dated 20.8.2003, shall also be eligible to apply for selections in pursuance of the fresh advertisement."