Shridhar Shukla &Amp; Ors vs State Of U.P. &Amp; Ors on 29 January, 2010

     IN THE SUPREME COURT OF INDIA

                           CIVIL APPELLATE JURISDICTION

                          CIVIL APPEAL NO.1139 OF 2010

                             (@ SLP(C)No.26752/2008)

SHRIDHAR SHUKLA & ORS. ... APPELLANT(S)  VERSUS

STATE OF U.P. & ORS. ... RESPONDENT(S)  WITH CIVIL APPEAL NO. 1140 OF 2010 @
SLP(C)NO.2767/2009  O R D E R

             Leave granted.

             Heard learned counsel for the petitioners and also learned  counsel
for the High Court.

             In the District of Kaushambi vacancies of 21 Class-IV  employees
were notified for selection and appointment. Total 2423  candidates submitted
their applications for selection. Though  written test was not a requirement for
the selection process, the  Committee thought of conducting a written test but
no marks were  assigned for the written test and all candidates were called for
interview and the same was held within two days and the appellants  herein were
selected and they were appointed. Some of the candidates  who were unsuccessful
in the selection, filed writ petitions  challenging the selection. The learned
Single Judge rejected their  contentions and approved the selection made by the
Committee.  Aggrieved by the same, they filed Writ Appeals before the  High
Court and the Division Bench, by the impugned judgment, set  aside the selection
and thereafter the appellants' services were  terminated from 2008. Pursuant to
the directions issued by the 2

Division Bench, we are told that the process of second selection is  on and
fresh applications have been called for and those who have  not already
submitted their applications were not required to submit  fresh applications and
they were also to be considered. In view of  these circumstances, we do not
propose to interfere with the  impugned judgment. Accordingly, these appeals
fail. However, we  make it clear that in case any of these appellants are found
to be  over-aged, that shall not be ground for their disqualification for  being
selected for appointment.

            With the above observations, we dispose of these appeals.  No costs.

  ..................CJI

                                                               (K.G.
BALAKRISHNAN)

  ...................J.

(V.S.SIRPURKAR)

  ...................J.

                                                                    (DEEPAK
VERMA)

NEW DELHI;

29TH JANUARY, 2010