Writ Petition Nos. 8763, 8765, 8772, 9886 and 8803 of 2016 (S/S). Case: Aman Rizvi and Ors. Vs State of U.P. and Ors.. High Court of Allahabad (India)

Case NumberWrit Petition Nos. 8763, 8765, 8772, 9886 and 8803 of 2016 (S/S)
JudgesDr. Devendra Kumar Arora, J.
IssueConstitution of India - Articles 14, 16, 309
Judgement DateFebruary 23, 2017
CourtHigh Court of Allahabad (India)

Order:

Dr. Devendra Kumar Arora, J.

  1. Heard learned Counsel for the petitioners appearing in the afore-captioned writ petitions and the learned Standing Counsel for the respondents.

  2. As in the aforesaid batch of writ petitions, common question of law and fact is involved, all the writ petitions were heard together and are being decided by a common judgment.

  3. Ms. Aman Rizvi, petitioner in writ petition No. 8763 of 2016 (SS) has applied for the post of Staff Nurse, Blood Bank pursuance to the advertisement dated 3.3.2016 issued for appointment on various posts in district Shravasti under the National Health Scheme. After due process of selection, result dated 4.4.2016 was pasted on the notice Board in the office of the District Health Society, District Shravasti declaring the petitioner selected in the result declared after due approval of Chairman, District Health Society, Shravasti.

  4. Petitioners of writ petition No. 8765 of (SS) 2016, namely, Pankaj Kumar Sharma and Amit Kumar Chaudhary had applied for Senior Treatment Supervisor, Blood Storage Centre (Class-III) post and after due process of selection, petitioners were declared selected against the said post in the result declared on 4.4.2016.

  5. Petitioners of Writ Petition No. 8772(SS) of 2016, namely, Sunil Kumar Maurya and Prateek Bhardwaj applied for the post of Data Entry Operator and after due process of selection, petitioners were declared to be selected in the result declared on 4.4.2016.

  6. Petitioners of writ petition No. 9886(SS) of 2016, namely, Saurabh Yadav, Brajesh Kumar and Visveshwar applied for the post of Senior Treatment Supervisor and Lab Attendant respectively and after due process of selection, petitioners were declared selected against the said post in the result declared on 4.4.2016.

  7. It is said that some complaints were made against the selection held on 31.3.2016 to the effect that one of the members of the selection committee, namely, Dr Ved Prakash Sharma, Chief Medical Superintendent participated in the meeting in which his son, namely, Dr Vaibhav Sharma also appeared for selection on the post of Medical Officer and was declared selected in the result dated 4.4.2016. Taking cognizance of the complaint, the Chairman, District Health Society Shravasti/District Magistrate cancelled the entire selection of the all the posts including that of the petitioners overlooking the fact that complaint was only against the post of the Medical Officer and as such there was no justification to cancel the selection en-bloc when the impact of irregularities which crept into evaluation of merit/qualification could be identified. To...

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