E.S.VENKATARAMIAH, K.N.SINGH
State Of U. P. : Sljshil Kljmar Srivastava: D. P. Shukla: Chandra Prakash Agarwal: Sushilchand Srivastava: R. P. Lavania: P. N. Parashar – Appellant
Versus
Rafiquddin: State Of U. P. : State Of U. P. : State Of U. P. : State Of U. P. : State Of U. P. : State Of U. P. – Respondent
Judgment
SINGH, J. :- These three civil appeals directed against the judgment of the High Court of Allahabad and four writ petitions filed under Art. 226 of the Constitution raise common questions of law relating to determination of seniority of members appointed as Munsifs in the Uttar Pradesh Nyayik Seva as a result of competitive Examinations of 1970, 1972 and 1973 held under the Uttar Pradesh Civil Service (Judicial Branch) Rules, 1951 (hereinafter referred to as the Rules). Since the appeals and the petitions raise common questions of law they have been heard together and are being disposed of by a common judgment.
2. On Sept. 3, 1970 a Notification was issued by the Public Service Commission inviting applications for recruitment to 85 posts of Munsifs. In this examination 918 candidates appeared, out of whom 294 candidates on the basis of their marks in written papers, were called for viva voce test. After completion of the written and viva voce test, the Commission submitted a list of approved candidates to the Government on Oct. 25, 1971 recommending the names of 46 candidates for appointment to the service, which shall hereinafter be referred to as the 1st list of 1970 exami
relied on : Shitla Prasad Shukla v. State of U. P.
distinguished : Durgacharan Misra v. State of Orissa
relied on : Lila Dhar v. State of Rajasthan
A. K. Yadav v. State of Haryana
affirmed : C. Chamabasavaiah v. State of Mysore
Umesh Chandra Shukla v. Union of India
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