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Manoj Kumar v. Tahsildar, Tahsil-Salempur, Deoria And Others - WRIT - A No. 70903 of 2005 [2005] RD-AH 5868 (17 November 2005)


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Petitioner is permitted to implead Cane Commissioner U.P., Lucknow as respondent no. 6 during the course of the day.

In respect of the selection held, for filling up the backlog vacancies pertaining to the post of Mechanic, the petitioner along with one Ram Prakash ( respondent no. 5) had participated. A select list was notified on 17.5.2003 and in pursuance thereof respondent no. 5 has been offered appointment.

On behalf of the petitioner it is contended that respondent no.5 (Ram Prakash) does not belong to Scheduled Caste and therefore the appointment obtained by him on the basis of forged and fictitious caste certificate is liable to be revoked. It is further contended that the petitioner finds place at serial no. 2 after respondent no. 5, in the select list notified for the said purpose. The petitioner in that regard has already made repeated representations, which have gone unattended. Hence the present writ petition.

In the facts and circumstances of the case, Court is of the opinion that interest of justice would be served if the petitioner is granted liberty to make a fresh representation ventilating all his grievances before respondent no. 6 within  three weeks from today along with certified copy of this order. On such representation being made, respondent no. 6 shall call for the records and, after affording opportunity of hearing to respondent no. 5, shall pass a reasoned speaking order strictly in accordance with law, preferably within 8 weeks thereafter.  It is ordered accordingly.

Writ petition stands disposed of.  




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