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Anand Kumar Mishra And Others v. State Of U.P. Thrgh. U.P. Health Dept Lck And Others - WRIT - A No. 31790 of 2004 [2005] RD-AH 37 (3 January 2005)


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Court No. 9

Civil Misc. Writ Petition No. 31790 of 2004

Anand Kumar Mishra and others


State of U.P. and others

connected with

Civil Misc. Writ Petition No. 31793 of 2004

Mahmood Sheikh and others


State of U.P. and others

Hon'ble Sunil Ambwani, J.

Heard Sri Ashok Khare, Senior Advocate for petitioners and learned standing counsel for respondents.

The petitioners were selected for the posts of Senior Treatment Supervisor, Senior T.B. Lab Supervisor,  and Data Entry Operator,  after a written test and interview in pursuance of the advertisement for appointment on  contract basis for a period of one year in the R.N.T.C.P. (Revised National Tuberculosis Control Programme). One Sri Vinay Kumar Tiwari placed in the waiting list made a complaint with regard to the selection. The District Magistrate constituted a enquiry committee consisting of Additional District Magistrate (Administration) Deoria and Assistant Director of Information, Deoria. The enquiry committee examined the answer books and considered the allegations. It was found that large number of answer books had cuttings and that some of the selected persons namely Ajay Kumar  Singh, Anand Kumar Misra and Sanjiv Kumar Shukla were relatives of employees of the Health Department. Whereas the Ajay  Kumar Singh was found to be brother-in-law of the son of Chief Medical Officer,  Sri Anand Kumar Misra is son of Prem Prakash Misra, Health Visitor, T.B. Clinic,  and Sri Sanjiv Kumar Shukla is son of Sri Tarkeshwar Shukla working in the office of Chief Medical Officer, Deoria. The enquiry committee found that the Chief Medical Officer did not disassociate from the  selection committee, and that thus the selections cannot be sustained. The District Magistrate has consequently cancelled the entire selection and re-advertised the written test. The persons named in CA-5 have now been selected and it is contended by the respondents that they have already joined. By the interim order, fresh selections were made subject to the result of the writ petition.

Sri Ashok Khare, Senior Advocate submits that there is no allegations


against the petitioners. The relationship of Sri Ajay Kumar  Singh with the Chief Medical Officer was not found to be established. The relationship with T.V. Health Visitor was hardly relavant and that Sri Tarkeshwar Shukla had no concern with the medical department. He further submits that all the answer books were examined and that in fact the answer book of Sri Ajay Kumar Singh annexed with the counter affidavit  does not bear any cutting at all.

I have considered these submission. The CMO, Deoria admitted in his reply given to the District Magistrate dated 4.8.2004 that Ajay Kumar Singh is his relative but cleverly avoided to give his relationship. I find that one Sri Rakesh Kumar Pathak had secured 80 out of 80 marks in the written examination but was not selected. His  answer book also bears  cuttings. The complainant Vinay Kumar Tiwari secured 79 out of 80 marks, but was not selected.

Where the close relative of the CMO,  who was heading of the selection committee had  appeared in the selections, it was  appropriate for the officer to have disassociated from the selection to remove the bias. The selection committee consists CMO, Chairman,  District Tuberculosis Officer and one other Officer to be nominated by the District Magistrate. The bias as such was apparent. In selections to public posts, even the likelihood of bias is sufficient to cancel the entire selections.

Every public appointment whether it is on contract for one year or otherwise must stand the test of fairness. In the present case two persons  were relatives of the staff of the office of CMO as well as CMO, who was the  Chairman of the Selection Committee. The answer books  definitely bear lot of cuttings. The persons securing highest marks in the written examination was not selected. All these facts in my opinion were sufficient to vitiate the selections. The matter does not call for any interference from this Court.

The writ petition is consequently dismissed.

Dt. 3.1.2005



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