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2017 Supreme(All) 2264

SURYA PRAKASH KESARWANI
SHAILENDRA KUMAR RAI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Deepak Singh Yadav, Ashok Khare, M.M. Sahai, R. Sahai, Rajesh Kumar Tiwari, Jaswant Rai, Siddharth Khare, Janardan Yadav, Krishna Mohan and H.C. Dubey for the Petitioners; C.S.C., A.S.G.I.-2015/17, Ayank Mishra, Rahul Agarwal, Ram Dular, Shivam Yadav, Pankaj Shukla, Pranjal Mehrotra, V.S. Mishra and Brij Lal for the Respondents.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Ashok Khare, learned senior advocate assisted by Sri Deepak Singh Yadav, Jaswant Rai, Rajesh Kumar Tiwari, M.M. Sahai, learned counsels for the petitioners, Sri Mohan Ji Srivastava, learned standing counsel for State-respondent No. 1 and Sri J.P. Pandey, learned counsel for respondents- Electricity Service Commission and U.P. Power Corporation.

2. These writ petitions involve common questions as stated by learned counsels for the parties, as under:

(i) Whether the “Note” appended to clause-2 of the Advertisement No. 4/VSC/2014 dated 6.9.2014 issued by the Secretary, Electricity Service Commission, U.P. Power Corporation Ltd. Lucknow is invalid and without authority of law?

(ii) Whether the petitioners who possess National/State Vocational Certificate in Electrical Trade and not in Electrician Trade are eligible for the post of “Technician Grade-2 (Trainee) Electrical” in terms of the provisions of the U.P. State Electricity Board Parichalkeeya Varg Sewa Niyamawali, 1995 (hereinafter referred to as the “Niyamwali”)?

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