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Pushpa Dwivedi And Others v. State Of U.P. And Others - WRIT - A No. 22452 of 2007 [2007] RD-AH 9046 (11 May 2007)


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Court No.38

         Civil Misc. Writ Petition No. 22452  of  2007

Pushpa Dwivedi  & others .....    Petitioners


State of U.P& others ......   Respondents


Hon'ble Ashok Bhushan,J.

            Learned Standing Counsel  appears for  respondent No. 1 to 6.

    By this writ petition, the petitioners have challenged the order dated 17.2.2007  cancelling the selection of the petitioner. Earlier this Court vide  its  judgement and order dated 26.9.2006  in writ petition No. 50346 of 2006  Smt. Meera Pandey and others versus State of U.P and others allowed the writ petition and set aside the order of the State Government cancelling the entire selection.   Subsequent to the order an enquiry  was conducted  and report was submitted on 19.12.2006.  In the report with regard to each of the petitioners certain  allegations  have been made.  The report also recommended that those candidate  whose selection has been found  valid may be permitted to join and those persons  whose selections are irregular/invalid, their selection be cancelled after giving notice.   After receiving the said report the State Government  passed an order dated 23.1.2007 cancelling the entire selection.  In pursuance of the order of the State Government  consequential orders have been passed cancelling the selection.

The counsel for the petitioner  contended that the enquiry report  categorically  mentions that the complainants were heard  but the petitioners were not given any opportunity.  He further submits that the allegations against the petitioners  were such which were personal  in nature and the petitioners were entitled for  an opportunity  to rebut  the said allegations.   He further contends that  certain other selected candidates whose selection was cancelled has already filed writ petition being writ petition No. 10310 of 2007  Smt.Malti Devi and others versus State of U.P & others  in which this Court granted an interim order on  28.2.2007.

In view of the submissions of the learned counsel for the petitioner as noted above  and facts of the present case, it does appear that the enquiry report  was submitted without hearing the petitioner  and although


there was categorical recommendation in the enquiry report that against the candidates with regard to whom  certain irregularity  has been found a notice be given  and thereafter selection  be cancelled but after the said report the state chose not to issue  any notice  and cancelled the selection.  A perusal  of the enquiry report  indicates  that the allegations against each of  the petitioner  are separate and distinct  which required giving an opportunity to each of the petitioner.  

In view of the above,  the petitioners have made out a case for grant of interim relief.  Learned Standing Counsel   may file counter affidavit within four weeks.

          List thereafter.

Connect this writ petition with writ petition No. 10310 of 2007 Smt.Malti Devi and others versus  State of U.P & others.   Till the next date of listing, the impugned order   dated  17.2.2007  shall remain stayed.

Date 11.5.2007



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