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2022 Supreme(All) 637

IN THE HIGH COURT OF ALLAHABAD
Pritinker Diwaker, Ashutosh Srivastava, JJ.
High Court of Judicature at Allahabad – Appellant
Versus
Robin Singh And Others – Respondents
Writ -A No. Special Appeal Defective No. - 136 of 2022, Special Appeal No. - 276, 291 of 2022, 3614, 3955, 3957, 4042, 4235, 4253, 4259, 4260, 4405, 4506, 4515, 4809, 4896, 5075, 5110, 5186, 5218, 5277, 5329, 5341, 5408, 5436, 5461, 5482, 5505, 5510, 5548, 5613, 5934, 5991, 6082, 6087, 6113, 6184, 6190, 6191, 6210, 6225, 6277, 6285, 6288, 6374, 6386, 6464, 6524, 6544, 6549, 6554, 6556, 6562, 6593, 6627, 6696, 6751, 6854, 6988, 7083, 7128, 7131, 7294 of 2022
Decided On : 22-07-2022

Advocates:
Advocate Appeared:
For the Petitioner:Abhishek Srivastava, Agnihotri Kumar Tripathi, Ajay Kumar Patel, Ajay Singh, Amit, Amod Pandey, Archana Singh, Ashish Kumar Shukla, Ashok Kumar Tripathi, Ashutosh Tripathi, Atiqur Rahman Siddiqui, Avneesh Tripathi, Awaneesha Kumar, Azad Khan, Barmeshwar Nath Tiwari, Bipin Kumar Tripathi, Desh Ratan Chaudhary, Dhananjai Rai, Dhananjay Awasthi, Durvesh Kumar, Fuzail Ahmad Ansari, Gaurav Tiwari, Girish Chandra Yadav, Girish Kumar Yadav, Jitendra Kumar Nayak, Jitendra Kumar Singh, K.K.Rao, Kartikeya Saran, Kshitij Shailendra, Mahesh Kumar Sahani, Mohan Upadhyay, Nagendra Pratap Singh, Narendra Kumar, Narendra Singh, Noor Muhammad, Prabodh Kumar Bajpai, Pradeep Kumar Srivastava, Pranshu Gupta, Prashant Kumar Tripathi, Prem Shankar Kushwaha, Priyanka Srivastava, Priyanka Srivastava, Pushkar Mishra, Rajeev Ratan Shukla, Rajesh Kumar Pandey, Ram Pravesh Pandey, Ramesh Kumar Tiwari, Ratnesh Kumar Shukla, Rishi Kant Rai, Sanjay Pandey, Santosh Kumar Tiwari, Sarvjeet Singh, Satyam Narayan, Saurabh Singh, Shailendra Kumar Verma, Shashi Ranjan Srivastava, Shikhar Tandon, Shiv Chand Yadav, Shri Niwash Yadav, Shyam Lal, Siddharth Khare, Sudhir Kumar, Sunil Kumar Srivastava, Varad Nath, Venu Gopal, Vibhu Rai, Vishvajit Tiwari, Yogesh Kumar Srivastava, Siddharth Khare, Sr. Advocate, Om Prakash Singh, Sr. Advocate, Pradeep Kumar Srivastava, Sr. Advocate, Pradeep Kumar Srivastava, Parijat Kumar Tiwari,Sr. Advocate, Siddharth Khare,Sr. Advocate, Abhinav Gaur,Sr. Advocate Counsel
For the Respondent: A.S.G.I., Ashish Mishra, Ashish Mishra, Chandra Prakash Yadav, Dhananjay Awasthi, Fuzail Ahmad Ansari, Hridai Narain Pandey, Hridai Narain Pandey, Hridai Narain Pandey, Kshitij Shailendra, Rahul Agarwal, Rahul Agarwal, Siddharth Khare, Siddharth Khare, Ugrasen Kumar Pandey, Vinay Kumar Singh

Headnote:

Allahabad High Court Officers and Staff (Condition of Service and Conduct) Rules, 1976 - Rule 23-A - Constitution of India, 1950 - Article 226 - Advertisement - Selection Criteria Of Examination - Intervention Application has been filed on behalf of 03 selected candidates for post of Assistant Review Officers stating that they have been selected and their names are reflected in select list and that Special Appeal deserves to be allowed on ground that impugned order of learned Single Judge has been passed without impleading them - Held, It is, clear that each of writ petitioners filled online application form after carefully reading, understanding and agreeing to norms and selection criteria of examination, which were provided in advertisement and material attached to it - Petitioners appeared in examination well versed with norms of examination taking a calculated risk or chance and have now been declared unsuccessful, they cannot be allowed to turn around and question same selection process in which they have voluntarily participated - Writ petitioners have raised baseless allegations against selection criteria attempting to twart whole examination process and hinder selection process as futile only because they have not been declared successful - Court, accordingly, hold that writ petitions are not maintainable as in all writ petitions the challenge to selection has been made by candidates who participated in exams with open eyes and are now challenging same after having been declared unsuccessful – Appeals dismissed.

JUDGMENT :

1. Heard Sri Manish Goyal, learned Senior Counsel assisted by Sri Ashish Mishra, Sri Rahul Agarwal and Sri Chandan Sharma, learned counsels for the appellant-High Court of Judicature at Allahabad in Special Appeal No.276 of 2022, Sri Shashi Nandan, learned Senior Counsel assisted by Sri Kshitij Shailendra and Sri Fuzail Ahmad Ansari, learned counsel for the Appellant-National Testing Agency in Special Appeal No.291 of 2022, Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Vibhu Rai, learned counsel in Special Appeal Defective No. 136 of 2022, Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare and Sri Kauntey Singh, learned counsel for the respondents-writ petitioners.

2. An Intervention Application dated 19.04.2022 has been filed through Sri Hriday Raj Tripathi, Advocate, on behalf of 03 selected candidates for the post of Assistant Review Officers stating that they have been selected and their names are reflected in the select list and that the Special Appeal No.276 of 2022 deserves to be allowed on the ground that the impugned order of the learned Single Judge has been passed without impleading them. An Intervention Application dated 19.04.2022 has also been filed on behalf of the 14 other selected candidates for the post of Assistant Review Officers through Sri Avanish Kumar Pandey, Advocate. Sri R. K. Ojha, learned Senior Counsel has advanced arguments on behalf of the interveners.

3. Sri C. L. Pandey, learned Senior Counsel assisted by Sri Durvesh Kumar, Advocate, has also been heard in opposition to the Special Appeals.

4. The instant Intra Court Appeals have been filed questioning the legality, propriety and correctness of the order dated 6.4.2022 passed by the learned Single Judge in Writ-A No.4253 of 2022 (Robin Singh and 38 others versus State of U.P. and 6 others) clubbed together with 10 other writ petitions whereby and whereunder the learned Single Judge while inviting counter and rejoinder affidavits has directed by way of an interim order that no appointment letters shall be issued to the selected candidates pursuant to selections held as per the Advertisement No.01/RO& ARO/ 2021 dated 17th August, 2021, Review Officer Recruitment Examination2021 and Assistant Review Officer Recruitment Examination-2021 as also Advertisement No.01/CA/2021 dated 17.08.2021 for Computer Assistant Recruitment Examination-2021 published under the signatures of Registrar General, Allahabad High Court, Allahabad and Senior Director (Examination), National Testing Agency. At the same time, directions have been issued to the Registrar General to communicate the order to all the selected candidates by 8th April, 2022 so that they may file their respective intervention/impleadment applications to have their say in the matter on the next date.

5. During the course of hearing of the above appeals, it was informed at the Bar that the subject matter of the Appeals is also under challenge in several writ petitions filed by the unsuccessful candidates and their rights would be affected by the outcome of the orders passed in these appeals and the writ petitions be also heard along with the appeals so that the issues raised therein may also be addressed. The Registry of the Court was accordingly vide order dated 27.04.2022 directed to place all the writ petitions arising out of the selection of Review Officers/Assistant Review Officers/Computer Assistants before the Hon'ble the Chief Justice on the administrative side for obtaining nomination. Hon'ble the Chief Justice, vide order dated 04.05.2022, has directed all the Appeals and writ petitions involving same issue to be listed together and have been nominated to this Court. The orders passed in the Appeals shall also govern the connected writ petitions.

6. The writ petitions tagged along with these Intra Court Appeals are being categorized in terms of the

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