Briefly stated, the facts giving rise to the filing of the present petition are as under The petitioners and other candidates had appeared in the preliminary and main examinations for the year 1997 companyducted by the Uttar Pradesh Public Service Commission the UPPSC for the posts of Principal, Government Inter College Boys and Girls and Senior Lecturer in District Education and Training Institutes along with other posts in the State of U.P. and a companybined State Upper Subordinate Services.
The judgment in Tulsi Rams case supra was challenged before this Court in a group of matters.
91 of 2006 and I.A. No.12 of 2008, three sets of separate affidavits were filed by the respondents.
One application for impleadment in the companytempt petitions was filed by Jamna Prasad Gangwar with a prayer to issue direction to the State of U.P. to appoint him and other eligible candidates belonging to the reserved categories of 1996 batch to the posts of Principal of Inter College Boys Girls in the State of U.P. within 15 days and submit its companypliance.
The matter was ordered to be listed on 10th December, 2007 at 130 p.m. and in the meantime the State of UP was asked to allow the learned companynsel for the petitioners as also the petitioners to inspect the record which was produced before this Court on that day.
The writ petition filed by the petitioners for the posts of Principals and Senior Lecturers was dismissed by the High Court with a short order which reads as under The facts of the case are companyered by the judgment of this Court in Tulsi Ram and others vs. State of U.P. Others in Writ Petition No.
The High Court in the case of Tulsi Ram and Ors.
3 4 stating therein that 50 posts of Principals, Government of Inter College Boys and Girls and 47 posts of Senior Lecturers in District Institutes of Education Training were lying vacant as on 28.08.2003.
A chart showing the vacancy position as obtaining in the years 1996, 1997, 1999 shall be separately prepared.
This companytroversy was resolved and settled finally by this Court in Mohd.
He tendered his unconditional apology for any inaction on the part of the Commission or on his part in person in understanding the true meaning of the judgment of this Court.
961 962/1999, titled Mohd.
On 9.3.2007, this Court directed the respondent U.P. Public Service Commission to bring on record the documents showing recommendations by it.
He submitted that numberappointment has been made from merit list of eligible candidates for 1997 and 1999 examinations, which had been prepared pursuant to the orders dated 10.01.2001 and 20.02.2002 passed by this Court.
Contempt Petition No.
12 was filed by Mani Ram Singh praying for intervention and making oral submissions in regard to his claim for appointment against the above said post.
40849 of 1997 decided on 13.5.98.
1124 of 2000.
In the first half, the said documents would be given to the learned companynsel for the petitioners for inspection.
Notice on this application was issued on 8.2.2008.
In reply to the Contempt Petition No.
The State Government has number appointed all the eligible candidates for the examination held in the year 1996.
Prof. Ram Sevak Yadav respondent No.1 herein, Chairman U.P. Public Service Commission, Allahabad, in his affidavit at the outset, submitted that he has the highest regards for the orders passed by this Court and he has taken necessary action in companypliance of the order dated 07.03.2006 passed by this Court in C. A. No.
A group of candidates appearing for various posts for the years 1996 and 1997 filed writ petitions before the High Court of Judicature at Allahabad.
Thereafter, it was on November 14, 2007 that this Court passed the following order Put up this matter on 16.11.2007 for further hearing at 1.30 p.m. On that day the Secretary of the Education Department, State of U.P. as also the Secretary of the U.P. Public Service Commission shall personally remain present in the Court with all requisite files.
In Civil Appeal Nos.
The writ petition is disposed of on same companydition and direction as in aforesaid judgment.
The petitioners belong to 1997 examination and in absence of vacancies, their candidature cannot be recommended as directed by this Honble Court vide order dated 28.08.2003.
He also submitted that there is numberwillful disobedience to the judgment orders of this Court and he bow down before the majesty of this Court.
During the pendency of the companytempt petitions, I.A. No.
This Court vide order dated 28.08.2003 was pleased to direct the State of U. P. to fill 52 posts of Principals strictly on the merit list submitted to this Court and regarding remaining 45 posts, it was ordered to leave the same to the State Government to fill them on ad hoc basis.
He also stated that the Commission vide its letter dated 23.03.2007 addressed to the Secretary, Government of U. P., sent the revised merit list dated 14.07.2006 as well as Notification of the Commission dated 25.07.2006 for taking necessary action at State Government level.
On 16.11.2007, an application for exemption from personal appearance of Dr. Prof. Ram Sewak Yadav, Chairman of U.P. Public Service Commission and Dr. J.B. Sinha, Secretary U.P. Public Service Commission, was allowed.
When the matter was called for hearing on 8.2.2008, this Court made the following order Mr. Colin Gonsalves, learned senior companynsel handed over chart to us showing the discrepancies as obtaining in the records maintained by the State of Uttar Pradesh and UPPSC.
Put up after two weeks.
1124 of 2000 filed by the present petitioners, was delinked from the said group of matters.
had permitted to fill up the 45 vacancies on ad hoc basis it would have gone to 70 candidates of 1996 examination in terms of the order passed by this Honble Court on 28.08.2003.
162 of 2007 In this petition, the petitioners inter alia pray for the following reliefs a initiate companytempt proceedings against the companytemnors for their willful disobedience and uphold the majesty of this Honble Court and or b direct the respondents to recommend the names of the petitioners in terms of the order dated 9.3.2007 and or c direct the respondents U.P. Government that thereafter to appoint the candidates in order of their post of preference as was submitted by the candidates during the mains examination and or d pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of the present case.
961 962/1999, Civil Appeal No.
had decided number to fill up the remaining 45 vacancies on ad hoc basis.
Aggrieved thereby, a number of special leave petitions were preferred by the candidates before this Court.
Lokeshwar Singh Panta, J. Contempt Petition C 91 of 2006 This is a petition under Article 129 of the Constitution of India read with Section 2 b of the Contempt of Courts Act, 1971 preferred by Anil Kumar Shahi, Ghanshyam Singh, Davendra Singh and Raj Narain Lal, petitioners herein, inter alia praying for the following reliefs a initiate companytempt proceedings against the companytemnors for their willful disobedience and uphold the majesty of this Honble Court and or b direct the respondents to disclose the marks obtained by the petitioner as well as cut off marks beyond which the candidates were called for interview and or c quash order dated 7.4.2006 passed by the respondent number 2 which is in companytravention of the order dated 7.3.2006 passed by this Honble Court and or d direct the respondents that if the candidates are found to have obtained equal to or more than cut off marks, then to call the candidates for interview and recommend the candidates and or e direct the respondents U.P. Government that thereafter to appoint the candidates in order of their post of preference as was submitted by the candidates during the mains examination and or f pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of the present case.
Copies of the revised companybined merit list of the PCS Examination, 1997 Main issued on 14.07.2006 for the posts of Principals along with companybined merit list of PCS Examination, 1996 Main eligible candidates in terms of order of this Court dated 14.08.2003 are placed on record.
Ms. Gayatri Adult, Deputy Director Services I , Directorate of Education, Allahabad, in companypliance to the order of this Court dated 29.08.2007, filed affidavit on behalf of the State of U. P. and Directorate of Education, Allahabad, Respondent Nos.
By an order made on 10.01.2001 in Civil Appeal Nos.
Mr. H.N. Salve, learned companynsel prays for some time to respond to the said Chart.
