ORDER : 1. Heard Dr. L.P Misra, learned Senior Counsel assisted by Ms. Arti Bali, learned counsel for the petitioners and Sri Pankaj Patel, learned Additional CSC for respondent -State. 2. At the very outset, learned Senior Counsel for the petitioners requested for withdrawal of prayer (a) to the writ petitions, which is being quoted as under: (a) To issue a writ, order or direction in the nature of Certiorari quashing the orders dated 02.05.2009, 07.05.2009 and 22.05.2009, the true copies of which are contained as Annexure Nos.8, 9 and 10 respectively to the writ petition, if there arises any legal necessity for the same as the orders canceling the appointment have already been recalled by the State Government." 3. Accordingly, prayer (a) to the writ petitions is dismissed as withdrawn. 4. By means of Writ-A No.1330 of 2010, the petitioners have prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner Nos.1 to 4 to join on the post of Pharmacist, petitioner No.5 to join on the post of Stenographer, petitioner No.6 to join on the post of Clerk and petitioner No.7 to join on the post of Store Keeper in Manyawar Kanshiramji Rajkiya Allopathic Medical College, Jalaun on which posts they were appointed in the same manner as other similarly situated persons, including the persons placed below them in the select list, who are being allowed to continue. In Writ -A No.5897 of 2010, the petitioner has prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner to join on the post of Pharmacist in Government Medical College, Azamgarh on which posts he was appointed in the same manner as other similarly situated persons, including the persons placed below him in the select list, who are being allowed to continue. In Writ-A No.1413 of 2010, the petitioner has prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner to join on the post of Store Keeper in Manyawar Kanshiramji Rajkiya Allopathic Medical College, Jalaun on which posts he was appointed in the same manner as other similarly situated persons, including the persons placed below him in the select list, who are being allowed to continue. 5. 5. Since all the writ petitions give rise to a similar controversy, the same are being decided by means of a common judgment and order treating Writ-A No.1330 of 2010 to be leading writ petition and the judgment and the judgment and order passed thereon shall be equally applicable to the connected matters. 5. Brief facts giving rise to the present writ petition are as under: Sr. No. Relevant Facts of the Case a. The State Government established a number of Medical Colleges in the State of Uttar Pradesh including Government Medical College, Kannauj, Government Medical College, Jalaun and Government Medical College, Azamgarh. b. An advertisement was issued on 29.08.2008 by the Director General of Medical Education and Training (for short, "DGME"), Lucknow - - respondent No.2 for the posts of Lab Attendants, Pharmacists, Drivers, Store Keepers, Stenographers, Typists and Clerk for Government Medical College, Kannauj. In response to the aforesaid advertisement, the petitioners submitted their candidature for appointment on the posts of Pharmacist, Stenographer, Clerk and Store Keeper. c. Said Medical Colleges were to start from Educational Session, 2009 and before that recognition from Medical Council of India (MCI) was sought for and a panel of MCI was likely to inspect for the purpose of grant of recognition, shortly, for Government Medical College, Jalaun. d. The appointment of teaching staff, para medical staff and other staffs are a condition precedent for making a satisfactory inspection report by MCI, which was basis for grant of recognition and, therefore, respondent No.4 issued a letter on 20.02.2009 addressed to respondent No.2 requesting that as the educational session was to start and the inspection by MCI was proposed, it will be appropriate that candidates from select list prepared in pursuance to advertisement dated 29.08.2008 be made available for appointment in Government Medical College, Jalaun, wherein posts of Pharmacists, Stenographers, Clerks and Store Keepers were also indicated. e. On the basis of instructions issued by respondent No.2, respondent No.3 issued appointment letters dated 24.02.2009 earmarking the petitioners to Government Medical College, Jalaun. f. Vide letter dated 26.02.2009, respondent No.4 intimated to respondent No.2 that persons mentioned in the appointment letter have been taken over. e. On the basis of instructions issued by respondent No.2, respondent No.3 issued appointment letters dated 24.02.2009 earmarking the petitioners to Government Medical College, Jalaun. f. Vide letter dated 26.02.2009, respondent No.4 intimated to respondent No.2 that persons mentioned in the appointment letter have been taken over. g. On 26.02.2009, the petitioners approached respondent No.4 and requested to give joining on their respective posts but as they were not carrying their physical fitness certificates and affidavits, they were asked about their credentials and to get medically examined by concerned Chief Medical Officer. h. On 04.03.2009, the petitioners approached the respondent No.4 along with physical fitness certificates and affidavits and requested for giving them joining on their respective posts but respondent No.4 apprised the petitioners that as the election code of conduct has been implemented, they cannot be allowed to join on their respective posts. i. On 02.05.2009, without giving any notice to the petitioners including other persons, the Minister, Parliamentary Affairs, Finance and Medical Education, U.P. issued an order requiring respondent No.1 to cancel the appointments on persons mentioned in the list annexed therewith. j. On 07.05.2009, Special Secretary, Medical Education and Training, Government of U.P. issued and order requiring the respondent No.2 to cancel the appointments and submit a report to the Government in this regard. k. On 22.05.2009, respondent No.2 passed an order canceling the appointments made in Government Medical College, Jalaun. l. On 25.05.2009, the petitioners approached to respondent No.4 for joining on their respective posts but they were apprised that all the appointments made in Medical College, Jalaun have been cancelled, therefore, the petitioners cannot be allowed to join on their respective posts. m. A number of persons approached to this Court by means of various writ petitions challenging the order of cancellation of appointments and this Court was pleased to pass interim orders staying the cancellation of their appointments. n. On 13.09.2009, the State Government filed a number of special leave to appeal petitions before Hon'ble Apex Court against interim orders granted by this Court, which was dismissed vide order dated 18.09.2009 with a liberty to the State Government to file special appeals before the High Court. o. The State Government filed two special appeals including Special Appeal No.743 of 2009, which were dismissed by the Division Bench of this Court vide order dated 28.10.2009. o. The State Government filed two special appeals including Special Appeal No.743 of 2009, which were dismissed by the Division Bench of this Court vide order dated 28.10.2009. p. The State Government issued an order on 07.11.2009 revoking the cancellation of order dated 22.05.2009 by means of which appointments were made. q. When the respondents did not comply with orders passed by this Court, contempt petitions were filed before this Court, wherein orders dated 11.02.2010 and 22.02.2010 were passed in Criminal Misc. Case No.2906 (C) of 2009 - Ajay Kumar Yadav and others Vs. Har Bhajan Singh and others r. Vide order dated 26.02.2010, respondents allowed the persons, who filed writ petitions to join on their respective posts. s. The petitioners made a representation on 20.02.2010 to respondent No.2 claiming joining on their respective posts, which is lying pending consideration and no order whatsoever has been passed till date. t. Hence, the present writ petition has been preferred before this Court. 4. Submission of learned Senior Counsel for the petitioners is that appointment of the petitioners were made after following due procedure and the petitioners have faced selection committee and appointment letter has been issued to them and on the ground of any lapse/technical objection on the part of the respondents, they should not be deprived. 5. He further submitted that there was no allegation against the petitioners for concealment or fraud, therefore, they should not be paralyzed by not allowing them to join the post. 6. He next submitted that the persons pursuant to same appointment order under which the petitioners were appointed with same conditions have been allowed to join, however, the petitioners have not been allowed to join due to implementation of election code of conduct and subsequently, the order of appointment has been cancelled by the State Government, which was stayed by this Court in various writ petitions. He submitted that persons having been placed below the petitioners in the same select list have also been appointed, however, the claim of the petitioners has been ignored. 7. He lastly submitted that the petitioners are not strangers nor they are outsiders. They are the persons, who were subjected to the process of regular selection. He submitted that persons having been placed below the petitioners in the same select list have also been appointed, however, the claim of the petitioners has been ignored. 7. He lastly submitted that the petitioners are not strangers nor they are outsiders. They are the persons, who were subjected to the process of regular selection. The respondents under compelling circumstances for grant of recognition from MCI, appointed the petitioners as regular incumbents to meet out the norms for grant of recognition during visit of MCI and subsequently they cannot be permitted to take a U-turn declining the claim of the petitioners. 8. On the other hand, learned Additional C.S.C. placed before this Court an order dated 04.07.2023 passed by this Court in Writ-A No.5435 of 2010; Shivendra Vashishtha Vs. State of U.P. and others and submitted that case of the petitioners is akin to petitioner of aforesaid writ petition and they are also entitled to get the same relief. 9. I have considered the submissions advanced by learned counsel for the parties and perused the material on record as well as order placed by learned Additional C.S.C. 10. Vide order dated 04.07.2023, following observation and directions were issued in Writ-A No.5435 of 2010: "13. On perusal, it is evident that an advertisement was published and on the basis of appointment letter issued to the petitioner along with six other persons, four persons named above were given joining in Medical College, Azamgarh. Later on, their appointment has been cancelled vide order dated 22.05.2009. Subsequently, as a result of order of this Court in several writ petitions, the order dated 22.05.2009 was recalled by the respondents and the aforementioned four persons were permitted to re-join their respective post. However, the petitioner, whose name finds place at serial No.4 in the aforesaid list, has not been permitted to join on the ground of technicalities. This fact itself has been admitted in the counter affidavit that four persons were initially permitted to join on the instructions of higher authorities. Therefore, such kind of discrimination cannot be permitted to go on. 14. If the aforementioned four persons were the part of same selection under same advertisement and were permitted to join the post under same appointment letter, there is no occasion to not permit the petitioner to join his respective post. 15. Therefore, such kind of discrimination cannot be permitted to go on. 14. If the aforementioned four persons were the part of same selection under same advertisement and were permitted to join the post under same appointment letter, there is no occasion to not permit the petitioner to join his respective post. 15. In view of reasons recorded above, the writ petition deserved to be allowed and is hereby allowed. 16. A writ in the nature of mandamus is issued commanding the respondent No.2 to look into the matter and if case of the petitioner is akin to aforementioned persons, namely, Santosh Kumar Upadhyaya, Neeraj Gupta, Sandeep Kumar Singh and Sushri Seema Verma, he shall also be given joining within a period of four weeks from the date of production of a certified copy of this order. 17. No order as to costs." 11. On perusal of aforesaid judgment and order, it is evident that petitioners of aforesaid writ petition were selectees of same advertisement and were appointed vide same appointment letter. However, four persons, who were part of same selection proceeding, were permitted to join but the petitioner of that writ petition was not allowed to join his respective post. The writ petition was allowed and direction was issued to respondent No.2 to give joining to him within a period of four weeks from the date of production of a certified copy of the order, if his case is found akin to similarly situated persons, who were already granted appointment. 12. Here, in the present case, the claim of the petitioners for facing due selection procedure and issuance of appointment letter has not been denied by the respondents. It has also not been denied by the respondents that in pursuance to appointment letter issued to them, they have not submitted their joining. 13. It is crystal clear from record that the petitioners tendered their joining before the respondent No.4 on 26.02.2009 but as they were not carrying their physical fitness certificates and affidavits, they were asked about their credentials and to get medically examined by the Chief Medical Officer. Subsequently, the petitioners approached to respondent No.4 on 04.03.2009, along with physical fitness certificates and affidavits and requested for joining on their respective posts but respondent No.4 apprised the petitioners that as the election code of conduct has been implemented, they cannot be allowed to join on their respective posts. 14. Subsequently, the petitioners approached to respondent No.4 on 04.03.2009, along with physical fitness certificates and affidavits and requested for joining on their respective posts but respondent No.4 apprised the petitioners that as the election code of conduct has been implemented, they cannot be allowed to join on their respective posts. 14. Later on, vide order dated 22.05.2009, respondent No.2 cancelled the appointments made in Government Medical College, Jalaun against which, several writ petitions were filed before this Court and the order of cancellation of appointment was stayed. The State Government filed special leave to appeal petition before Hon'ble Supreme Court, which has been dismissed with liberty to file special appeal before the High Court. In pursuance thereof, the State Government filed two special appeals before this Court including Special Appeal No.743 of 2009, which have also been dismissed by Division Bench of this Court vide order dated dated 28.10.2009. 15. Subsequently, the State Government passed an order on 07.11.2009 revoking the cancellation of order dated 22.05.2009 by means of which appointments were made. When the order of writ court was not complied with, several contempt petitions were also filed and vide order dated 26.02.2010, the respondents allowed the persons, who filed writ petitions to join on their respective posts. 16. In this background of the case, the petitioners, who are also selectees of same selection process, cannot be ruled out and their claim for joining on their respective posts cannot be ignored on technicalities. 17. In view of reasons recorded above, the writ petition succeeds to be allowed and is hereby allowed. 18. A writ in the nature of mandamus is issued commanding the respondents to allow the petitioners to join on their respective posts within a period of six weeks from the date of production of a certified copy of this order. 19. No order as to costs.