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2019 Supreme(All) 1716

BALA KRISHNA NARAYANA, RAMESH SINHA, PANKAJ BHATIA
Deepak Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant :Siddharth Khare, Ashok Khare, Shri Ashok Khare, Sr. Advocate, Shiv Kumar Maurya, Shantanu Khare, Alok Kumar Yadav, Sudhakar Yadav, Jitendra Kumar Tripathi, Vinod Kumar, Krishna Kant Singh Hari Bans Singh, Sanjay Kumar Dwivedi, Mohd. Shamim, Gautam, Ajay Yadav, I. N. Singh, Manoj Mishra, Sunil Kumar Singh, Gaurav Tripathi, Shantanu Khare, Sanjay Kumar Yadav, Ajay Singh Yadav, Jagdish Prasad Mishra, Shesh Narain Mishra, Sanjay Kumar Nigam
For the Respondent: C.S.C., Archit Mandhyan, Kailash Singh Kushwaha, Santosh Kr. Singh Paliwal, Sunil Kumar Misra, Vipin Kumar Singh, Vivek Saran, Seemant Singh, Pushpendra Singh, V.P. Mathur, Madan Mohan Chaurasisa, Pranjal Mehrotra, Rajesh Kumar Yadav, M.N. Singh, Seemant Singh

JUDGEMENT :

Pankaj Bhatia, J.

1. Questions arising and framed in the following three orders are referred to this Bench for its considerations: (i) order dated 29.11.2018 passed in Writ – A No. 24273 of 2018 (Deepak Singh And 9 others vs. State of U.P. and 8 others), (ii) order dated 12.1.2009 passed in Civil Misc. Writ Petition No. 671 of 2009 (Ajay Kumar Singh vs. State of U.P. and another) and (iii) order dated 15.2.2019 passed in Special Appeal No. 09 of 2019 (Himan Singh vs. State of U.P. and 8 others).

2. In Writ A No. 24273 of 2018, the learned Single Judge was confronted with the question as to whether degree holders in Engineering Discipline would be eligible for seeking appointment to the post of Junior Engineer and Foreman wherein the essential eligibility criteria specified, was “Diploma Holders in Engineering Discipline”. The learned Single Judge took note of the fact that the Commission issued a Notification for selection of Junior Engineers and Foreman, the advertisement specified the eligibility for selection to the post of Junior Engineers and Foreman as “Diploma Holders in Engineering Discipline”. The petitioners, in the said petition, were admittedly degree holders i

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