S. RAFAT ALAM AND SUDHIR AGARWAL, JJ.

This intra court appeal arises out of the judgment of Honble single Judge dated 5. 10. 2005 dismisisng the Writ Petitions No. 42041 of 2000, 1187 of 2002 and 23630 of 2003 preferred by the appellant Shiv Prakash Yadav and others (hereinafter referred to as petitioners)-

2. The Special Appeals No. 1308 of 2005, 1410 of 2005 and 1411 of 2005 have been filed by the State of U. P. and others (hereinafter referred to as respondents) challenging the aforesaid judgment of Honble single Judge being aggrieved by the findings recorded by Honble single Judge on certain aspects particularly with reference to application of Section 3 (6) of U. P. Public Services (Reservation for Scheduled Castes, Schedules Tribes and Other Backward Classes) Act, 1994 (hereinafter referred to as 1994 Act) and despite the fact the writ petitions have been dismissed, the State of U. P. has prayed for setting aside judgment of the Honble single Judge.

3. The facts in brief giving rise to the present appeal are that an advertisement was made on 31. 8. 1998 advertising 43 posts of Village Development Officer for which after holding written examination and interview, the final resu

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