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Supreme Court of India

SHRIDHAR SHUKLA vs STATE OF U.P on 29 January, 2010

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C.A. No.-001139-001139 - 2010Official PDFAdvocates RAVI PRAKASH MEHROTRA
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1139 OF 2010
(@ SLP(C)No.26752/2008)
SHRIDHAR SHUKLA & ORS. ... APPELLANT(S)
VERSUS
STATE OF U.P. & ORS. ... RESPONDENT(S)
WITH CIVIL APPEAL NO. 1140 OF 2010 @ SLP(C)NO.2767/2009
O R D E R

Leave granted.

Heard learned counsel for the petitioners and also learned

counsel for the High Court.

In the District of Kaushambi vacancies of 21 Class-IV

employees were notified for selection and appointment. Total 2423

candidates submitted their applications for selection. Though

written test was not a requirement for the selection process, the

Committee thought of conducting a written test but no marks were

assigned for the written test and all candidates were called for

interview and the same was held within two days and the appellants

herein were selected and they were appointed. Some of the candidates

who were unsuccessful in the selection, filed writ petitions

challenging the selection. The learned Single Judge rejected their

contentions and approved the selection made by the Committee.

Aggrieved by the same, they filed Writ Appeals before the

High Court and the Division Bench, by the impugned judgment, set

aside the selection and thereafter the appellants' services were

terminated from 2008. Pursuant to the directions issued by the

Division Bench, we are told that the process of second selection is

on and fresh applications have been called for and those who have

not already submitted their applications were not required to submit

fresh applications and they were also to be considered. In view of

these circumstances, we do not propose to interfere with the

impugned judgment. Accordingly, these appeals fail. However, we

make it clear that in case any of these appellants are found to be

over-aged, that shall not be ground for their disqualification for

being selected for appointment.

With the above observations, we dispose of these appeals.

No costs.