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C. K. PRASAD, A. P. SAHI
SUPERINTENDING ENGINEER, JHANSI LALITPUR CIRCLE, P. W. D. JHANSI – Appellant
Versus
ANOOP KUMAR RATHORE – Respondent
By the Court.—These two special appeals arise, though against separate judgments dated 9.9.2005 and 12.1.2009 respectively, out of common questions of law and fact pertaining to the same process of selection on the post of Junior Clerk in the Public Works Department, against an advertisement dated 10.8.1998 published by the Chief Engineer, Public Works Department, Jhansi Region, Jhansi, where the respondent-petitioner Anoop Kumar Rathore (hereinafter referred to as the ‘petitioner’) claimed appointment on the basis of the said selection.
2. The dispute raised by the petitioner is that knowledge of Hindi typewriting was only a preferential qualification, and not essential, as per the advertisement itself, and therefore, the appellants-employer could not have disqualified the candidature of the petitioner on that count. The stand of the appellants in response is that the word preference in the advertisement was a mistake, and that the Rules provide for knowledge of Hindi typewriting as an essential qualification for the post in question, which would prevail as against an error in the advertisement. The learned Single Judges while allowing the writ petitions have found favour w
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