Hon’ble Sudhir Agarwal, J.—Aggrieved by the orders dated 29.12.2005 (Annexures 13-A and 13-C to the writ petition), whereby the respondents No. 10 and 11 have been appointed as Collection Amin on regular basis, the petitioners have filed the present writ petition assailing the said orders and have sought a writ of certiorari for quashing the same. The petitioners have also sought a writ, order or direction in the nature of mandamus restraining respondents from taking any action in favour of respondents No. 10 and 11 on the basis of the orders dated 29.12.2005 and further to grant regular appointment to the petitioners as Collection Amin and to pay them regular monthly salary as payable to the regularly appointed Collection Amins.

2. The facts in brief, giving rise to the present writ petition, are, that both the petitioners, Mithlesh Kumar and Muztuba Hussain were engaged as Seasonal Collection Amin on 1.7.1991 and have been continuously engaged from time to time as Seasonal Collection Amin since thereafter. From 5.3.2002 till 30.7.2005 the petitioners were not engaged as Seasonal Collection Amin and were not assigned any duty at all. But thereafter they were engaged on 10.8.2005 till 30.9.2005 in the aforesaid capacity. A seniority list of Seasonal Collection Amins of District Chitrakoot was prepared by the Collector on 30.5.2003 wherein the respondents No. 10 and 11 were shown at Serial No. 16 and 23 while the petitioners were placed at Serial No. 10 and 18 respectively. It is also alleged that the petitioners as well as the respondents No. 10 and 11 belong to backward class and, therefore, are entitled to claim all benefits admissible to Other Backward Classes.

3. There were 17 posts of Collection Amin lying vacant in 2004. Recruitment to the post of Collection Amin is governed by U.P. Collection Amins Service Rules, 1974 (hereinafter referred to as the “1974 Rules”) which provides that 35% of the vacancy shall be filled in by regular appointment of Seasonal Collection Amins, 15% shall be filled in by promotion of Collection Peons and rest shall be filled in by direct recruitment.

4. An advertisement was published on 24.12.2004 for direct recruitment against 8 vacancies of Collection Amin under Rule 5(1) of 1974 Rules. Rest of the vacancies were liable to be filled in by promotion of Collection Peons and regular appointment of Seasonal Collection Amins. On 1.7.2005 the Additional District Magistrate (Finance and Revenue), Chitrakoot issued a circular letter to all Sub-Divisional Magistrates and Tahsildars of District Chitrakoot requiring them to submit details of Seasonal Collection Amins working within their jurisdiction giving percentage of recovery, performance report and service record thereof. Vide letter dated 5.7.2005 the Tahsildars, Tahsil Karvi and Mau were required to specify recovery percentage of Seasonal Collection Amin in the fast Four Fasals (crops) since for the purpose of determining satisfactory service one has to satisfy an average recovery of at least 70% in the last four Fasals (crops). Based on the report received from the aforesaid authorities, a chart was prepared in the office of District Magistrate, Chitrakoot with respect to recovery percentage of various Seasonal Collection Amins in the preceding four Fasalis. A copy of the aforesaid chart has been placed on record as Annexure-7 to the writ petition. It is further stated that the Selection Committee was scheduled to held its meeting on 1/02.8.2005 wherein it finalised six names of Seasonal Collection Amins for regular appointment on the post of Collection Amin which included the name of petitioners also. However, instead of giving effect to the aforesaid Selection, another meeting was held on 29.10.2005 and pursuant to the recommendation made by the Selection Committee in its meeting dated 29.10.2005 five appointment letters have been issued to Seasonal Collection Amins appointing them on regular basis as Collection Amin which included the n