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Allahabad High Court · body

2004 DIGILAW 369 (ALL)

Gaya Prasad Tiwari v. State of U. P.

2004-02-23

RAKESH TIWARI

body2004
JUDGMENT : Rakesh Tiwari, J. Heard Counsel for the parties and perused the record. 2. That all the Petitioners are about 35 years of age and on the date of examination they had completed 4 months working as a cleaner. All the Petitioners have also got driving licence of light vehicle/heavy vehicles. The Petitioners were appointed as Constable in I Vth Battalion P.A.C. the details of which are given below: (1) Petitioner No. 1 was appointed on 20.4.1992. (2) Petitioner No. 2 was appointed on 9.7.1989. (3) Petitioner No. 3 was appointed on 1.6.2003. (4) Petitioner No. 2 was appointed on 1.4.1992. 3. The Petitioners are working as cleaner in P.A.C. continuously and regularly since their appointment. The Petitioners have already got training of the post of cleaner and their names appear in the list issued by the Commandant I Vth Battalion P.A.C., Allahabad, dated 28.5.1999. The Commandant of I Vth Battalion P.A.C., Allahabad, passed an order that Petitioner Nos. 1 and 4 shall work as Cleaner. It is submitted that in the impugned order dated 22.2.2002 the Commandant I Vth Battalion P.A.C., Allahabad, had made observations that the number of Cleaners who were given training in I Vth Battalion P.A.C., Allahabad, is more than required. 4. It is submitted by the Petitioners that they have got experience of more than 5 years as a Cleaner and they have already appeared in the examination, 117 Reserved Drivers and the Petitioner Nos. 1, 2, 3 and 4 are within the age limits. All the Petitioners are also having driving licence and there is no justification for not permitting them to appear in 119 Reserved Driver Post Examination which is going to be held within a month. 5. It is submitted by the Counsel for the Petitioner that earlier the Writ Petition No. 5268 of 2002 was filed by Petitioner No. 2 in this Court and the Commandant I Vth Battalion, P.A.C., Allahabad passed an order, dismissing the representation of the Petitioner, on the ground that they are not High School with Science. The impugned order also wrongly says that the Petitioners did not apply for the post of Driver, which is totally incorrect. It is submitted that the fact is that all the Petitioners have already appeared in 117 Driving examination but they could not qualify. In 117 Driving examination the Respondent did not allow the Petitioner to appear. 6. The impugned order also wrongly says that the Petitioners did not apply for the post of Driver, which is totally incorrect. It is submitted that the fact is that all the Petitioners have already appeared in 117 Driving examination but they could not qualify. In 117 Driving examination the Respondent did not allow the Petitioner to appear. 6. The contention of the Petitioners is that the Petitioners are having experience of more than 2 years as a Cleaner and that is why they were allowed to appear in 117 Driving Examination and now the position is also not different. The action of the Commandant I Vth Battalion, P.A.C., Allahabad, in not sending the name of the Petitioner Nos. 1, 2, 3 and 4 for appearing in 119 Driving Examination is wholly illegal and the Petitioners cannot be deprived from appearing in examinations. All the Petitioners are constables. Sri. Gaya Prasad Tiwari, Sri. Mulayam Singh Yadav and Sri. Atma Ram Yadav are all eligible to appear in driving examination. The impugned order says that they were not allowed to appear on the ground that they were not having qualification of High School with Science. The qualification for the post of driver is not High School with Science. Thus, it is submitted in the instant case the Petitioners have been denied opportunity by illegal order dated 22.2.2002. Therefore the order dated 22.2.2002 is illegal. 7. From the perusal of Annexure-6 the impugned order, it appears that only 13 posts of Cleaner are available and that all the Petitioners were illegally appointed as cleaners in the Selection by the P.A.C., H.Q. U.P., Lucknow, in violation of the recruitments rules. They had neither appeared in the written examination nor in the technical and medical examination. A committee was constituted to look into this matter which has recommended for removal of these persons on the ground that they had not been given any practical training of Cleaner and there names were not recommended in accordance with law. 8. It has been further held by committee that Petitioner had not even filed any application for the appointment for the post of cleaner as such there was no question of their being considered for selection or appointment on the posts of Cleaner. The relevant extract of the impugned order is as under: 9. 8. It has been further held by committee that Petitioner had not even filed any application for the appointment for the post of cleaner as such there was no question of their being considered for selection or appointment on the posts of Cleaner. The relevant extract of the impugned order is as under: 9. It appears from the above findings that the committee only considered the question of appointment as Cleaner whereas the appointments only want to appear in the examination. Every body who is qualified according to rules can appear in a competitive test. If the Petitioners are qualified to appear in the test there is no reason not to allow them from appearing in the test which is going to be held for 119 Reserve Driver Post Examination. The order dated 22.2.2002 shows that Commandant has not applied mind to the matter involved in this case. 10. For the reasons stated above the writ petition is allowed and order dated 22.2.2002 is quashed. A mandamus is issued to the Respondent to allow the Petitioners to appear in the examination to be held for 119 Reserve Driver Post Examination going to held hereinafter if they are qualified for it according to relevant rules. 11. Order accordingly. No costs.