HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 54654 of 2004 Court No. - 34 (Sl. No. 24) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Agnihotri Kumar Tripathi, learned counsel for the petitioner, Sri Amrendra Nath Singh, learned Senior Advocate, assisted by Sri Sad Azam, learned counsel for the Respondent No.4 and Sri Dilip Kesharwani, learned Addl. Chief Standing Counsel for the State. None appears for the Respondent Nos. 5 & 6. 2. The instant writ petition was filed by the petitioner seeking quashing of the entire selection process concluded on 3.12.2004 for the post of Junior Clerk whereby Respondent Nos.4 & 5 were selected and given appointment in the 'Government Woodcraft Industrial Training Institute, Katra, Allahabad'. 3. Briefly stated facts of the case are that vide advertisement dated 24.8.2004, two posts of Junior Clerks of general category were advertised to be filled up by the Principal Versus Counsel for Petitioner(s) : Agnihotri Kumar Tripathi, Anil Singh Bishen, Nitin Sharma, R. Mishra, S. Awasthi, Taniya Pandey, Vikrant Pandey Counsel for Respondent(s) : Ajay Singh, Amrendra Nath Singh, C.S.C., Prem Chandra, R.K.Maurya, Ramendra Asthana, Ramesh Singh, S.N.Tiwari Vinay Kumar Pandey .....Petitioner(s) State of U.P. and Others .....Respondent(s) Government Woodcraft Industrial Training Institute. The said advertisement provided that the age limit for the general candidate is 18 to 35 years as on 1.7.2004. Pursuant to the said advertisement, various candidates including petitioner and Respondent Nos. 4,5 & 6 had applied for the aforesaid two posts. Total 40 applications were received. However, out of total 40 candidates, only 27 candidates had participated in the typing test held on 27.11.2004. Out of which, 19 candidates were qualified in the typing test. Out of those 19 candidates, 17 candidates appeared in the interview held on 29.11.2004 and thereafter Respondent Nos. 4 & 5 were declared selected and were given appointment. Later on, on 7.12.2004, Respondent No. 4 was transferred to District Employment Office, Deoria and he was relieved on 7.1.2005. Thereafter, Respondent No. 3 has selected Respondent No. 6 to the post of Junior Clerk on such transfer of Respondent No. 4. Being aggrieved by the illegalities committed in the selection process, the instant writ petition was filed by the petitioner. 4. On 23.10.2010, petitioner has brought on record veracious documents by way of supplementary affidavit including the inquiry report dated 30.12.2007. Pursuant to the said inquiry report submitted by the Deputy Director Training to the Director on 30.12.2007, the Principal Government Woodcraft Industrial Training Institute, Katra Allahabad was also suspended and the disciplinary proceedings were initiated against him vide order dated 16.12.2008. In the inquiry report, it has been categorically stated that the entire selection process was dehors the rules and the advertisement. In the said institute, there were 6 sanctioned posts Junior Clerk. In the month of June and July, 2004, two clerks were transferred thereupon two vacancies occurred. Since out of the remaining 4 Junior Clerks who were working, one Junior Clerk was of the OBC category and 3 Junior clerks were from the general category. Vide order dated 20.8.2004, the Principal of WRIA No. 54654 of 2004 2 the aforesaid institute has sought permission to fill up those posts vide order dated 21.8.2004, the Director has directed the Principal of the Institute to fill up two posts from the general category candidates, Pursuant to which, advertisement dated 23.8.2004 was published which prescribes the age limit to be 18 to 35 years as on 1.7.2004. Admittedly, the Respondent No. 4 in his own application, has stated his date of birth to be 11.1.1969 though he claims that he was the candidate of OBC category in the State of Bihar and he has also sought permission to submit the OBC certificate in the State of U.P. later on. However, since the advertisement was for the post of general category candidate and on 1.7.2004 the age of Respondent No. 4 was 35 years 5 months and 21 days. Thus, the Respondent No. 4 was not eligible to apply and his application ought to have been rejected outrightly. Instead he was permitted to appear in the typing test and also in the interview and has been finally selected. In such view of the matter, in the considered opinion of this Court, since the respondent No. 4 was not eligible at all to apply pursuant to the said advertisement being age barred, his application ought not have been considered. 5. From the inquiry report as submitted by the Deputy Director of Education, it is also apparent that before typing test or interview was held, vide order dated 16.9.2004, one post of Junior Clerk/ Library Clerk was abolished, therefore, in such view of the matter, the said Government Order was duly received by the Principal of the institution on 23.9.2004. In such view of the matter, he ought to have issued corrigendum and could not have proceeded to select two persons on the post of Junior Clerk when only one vacancy remain available. However, he illegally and dehors the provisions of law, has proceeded to select two candidates. Further upon transfer of Respondent No. 4, has selected third candidate as Junior Clerk, which was permissible in law without there being fresh advertisement. WRIA No. 54654 of 2004 3 6. In such view of the matter, the entire selection process carried out by The Principal Government Woodcraft Industrial Training Institute, Katra Allahabad was dehors the rules and the procedure and the same was illegal for which he was also suspended and disciplinalry proceedings were initiated against the Principal Government Woodcraft Industrial Training Institute, Katra Allahabad. 7. In such view of the matter, all the selections carried out pursuant to the advertisement dated 23.8.2004 are here by quashed and the services of the Respondent Nos. 4,5 & 6 shall be terminated with immediate effect. On such termination of service of Respondent Nos. 4,5 & 6, if any vacancy remains to be filled up, the same shall be filled up afresh by making fresh advertisement, in accordance with law. 8. With the aforesaid observations/ directions, the instant writ petition stands disposed of. May 5, 2026/ n.u. WRIA No. 54654 of 2004 4 (Anish Kumar Gupta,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad