Hon’ble Rajan Roy, J.—Heard Sri Upendra Nath Misra, learned counsel for the petitioners and Sri Mansoor Ahmad, learned Chief Standing Counsel for the opposite parties.

2. Challenge herein is to the order dated 27.9.2008 passed by opposite party No. 4 by which the selection and appointment of the petitioners on group ‘D’ posts in the office of C.M.O. Barabanki was cancelled.

3. The facts of the case are as under:—

On 22.8.2006 the State Government decided to fill up the vacant Class-IV posts under the opposite parties and requisitioned necessary details in this regard. After receiving the details it approved the time schedule for such selection vide its order dated 12.9.2006 and granted approval to the concerned opposite parties to proceed with the same. The said time schedule, as approved by the State Government, was circulated to the district units by the Director. As per Chief Medical Officer, Barabanki, the letter of the Director dated 30.9.2006 in this regard was received by him belatedly on 22.10.2006. Accordingly he got the advertisement published in two newspapers on 27.10.2006 inviting applications from eligible persons for filling up 17 existing vacancies. As per the said advertisement the application forms could be obtained from the office of the Chief Medical Officer, Barabanki by 31st October, 2006. The last date for submission of the application forms was 2.11.2006. The application forms duly filled could only be sent by registered post/courier. On 13.11.2006 a selection committee was constituted by the Chief Medical Officer, Barabanki as directed by the Additional Director, Faizabad vide his letter dated 13.11.2006. The interviews were held from 16.11.2006 to 18.11.2006. On the last day of interview i.e. 18.11.2006 result was declared and the appointment orders were also prepared and issued to the selected candidates on that very day. It is said that 23 selected candidates to whom the appointment letters were issued joined their services on 20.11.2006.

4. Some time in September/October, 2006, elections to the Nagar Nigam were notified. As there was some confusion about the effect of the election notification, clarification was sought and ultimately the State Government on 29.11.2006 issued an order imposing ban on selection and appointments in view of the notification of the election.

5. In the meantime certain complaints were received by the District Magistrate, Barabanki regarding the selection in question, therefore, on 25.11.2006, he ordered an enquiry into the matter by the Additional District Magistrate and Finance & Accounts Officer, Barabanki and also stayed the appointments based on such selection. The concerned officials who were asked to conduct the enquiry into the matter by the District Magistrate, Barabanki submitted their enquiry report on 26.3.2007 wherein they mentioned various illegalities which were detected in the said selection.

6. On 19.12.2006 the Director Administration, Medical and Health ordered an enquiry by Additional Director Medical and Health, Faizabad. The Additional Director vide his report dated 26.12.2006 did not find any lapse on the part of the Chief Medical Officer, Barabanki.

7. On 6.6.2007 the State Government ordered an inquiry to be conducted by the Director Administration, Medical and Health, taking into consideration the report of the District Magistrate, Barabanki submitted on 6.3.2007. The concerned Director was transferred during the pendency of the enquiry, accordingly, vide orders dated 3.8.2007 and 5.9.2007 fresh orders were passed to hold the enquiry, whereupon the enquiry report dated 16.7.2008 was submitted.

8. In the meantime disciplinary proceedings against Sri T. R. Kalra, the then Chief Medical Officer, Barabanki, were initiated wherein the enquiry report was submitted on 4.9.2009 by the Director Family Welfare, who exonerated him. However, it is said that this report was not accepted by the State Government and on 23.2.2010 a notice was issued to S