Hon’ble Sudhir Agarwal, J.—Heard Sri Ranjeet Saxena and Sri V.S. Gupta holding brief on behalf of Sri Ashok Khare, appearing for the petitioners and the learned Standing Counsel for the respondents.

2. All these writ petitions involve similar factual and legal issues and, therefore, as requested by learned Counsel for the parties have been heard together and are being decided by this common judgment.

3. The writ petitions arise out of the order dated 8th January, 2005 passed by the Consolidation Commissioner, U.P., Lucknow, cancelling selection held for the posts of Junior Clerk, Sarniyak and Stenographer in the office of Settlement Officer (Consolidation) (hereinafter referred to as the S.O.C.), Siddharth Nagar pursuant to the advertisement dated 18th August, 2004.

4. The facts as stated in the writ petitions are that the S.O.C. Siddharth Nagar got an advertisement published on 18th August, 2004 inviting applications for recruitment to the following posts :

Name of Name of Total posts Scheduled Other General

department Post and Caste backward category

pay scale caste

Consolidation Junior Clerk 3050-4590 06 03 01 02

Saraniyak 3050-4590 01 01 — —

Stenographer 4000-6000 07 03 02 02

5. The selection was to be made in accordance with the U.P. Procedure for Direct Recruitment for Group ‘C Posts (Outside the Purview of the U.P. Public Service Commission) Rules, 2002 (hereinafter referred to as 2002 Rules) as amended by U.P. Procedure for Direct Recruitment for Group ‘C Posts (Outside the Purview of the U.P. Public Service Commission) (First Amendment) Rules, 2003. All the petitioners being eligible, applied pursuant to the aforesaid advertisement, whereafter typing and stenography test was held between 20th to 24th September, 2004 and candidates found successful therein were called for interview on 5th and 6th October, 2004. A list of selected candidates was declared by SOC Siddharth Nagar, declaring 11 candidates successful as under :

Junior Clerk (Kanistha Lipik)

S. No. Roll No. Name of selected candidate

1. G-23 Sri Ram Krishna (General Category)

2. G-52 Sri Raj Kumar Srivastava (General Category)

3. OBC-18 Sri Santosh Giri, (Other Backward class)

4. S.C. 60 Sri Awadhesh Kumar (Scheduled Caste)

5. S.C.61 Km. Sushama (Scheduled Caste)

6. S.C.72 Sri Shashi Bhushan Shaka (Scheduled Caste)

Stenographer

S. No. Roll No. Name of selected candidate

7. G-10 Sri Amit Kumar Tripathi (General Category)

8. G-11 Sri Prem Narain Tripathi (General Category)

9. OBC-28 Km. Mala Kumar (Other Backward class)

10. OBC-22 Sri Ashok Singh (Other Backward class)

Saraniyak

S. No. Roll No. Name of selected candidate

T Sri Lal Bahadur (Scheduled Caste)

6. It appears that some complaints were made regarding irregularities committed in the aforesaid selection which was also forwarded by one Sri Kamal Yusuf Mullick, Chairman, U.P. Waqf Vikas Limited whereupon the Consolidation Commissioner vide order dated 24.11.2004 directed the District Magistrate, Siddharth Nagar to get an inquiry conducted. The Additional District Magistrate (Finance and Revenue) Siddharth Nagar held inquiry and submitted a report dated 29.11.2004 pointing out various irregularities committed in the aforesaid selection. He recommended cancellation of the entire selection. The District Magistrate, Siddharth Nagar agreeing with the said inquiry report forwarded the same vide letter dated 4.12.2004 to the Commissioner, Consolidation who thereafter passed order dated 8.1.2005 cancelling the entire selection whereagainst the selected candidates have preferred these writ petitions challenging the same inter alia on various grounds, namely, that Consolidation Commissioner has no authority to cancel the selection since the appointing authority of Class III was SOC, no opportunity was afforded to the petitioners before cancelling the entire selection though they were selected candidates and it is in violation of natural justice. It is also urged