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2021 Supreme(All) 1666

SURYA PRAKASH KESARWANI, VIKAS BUDHWAR
Ganga Ram – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Dinesh Rai and Shishir Kumar Srivastava.

JUDGMENT :

1. Heard Sri Dinesh Rai, learned counsel for the petitioners and Sri Harish Kumar Srivastava, learned standing counsel for the State-respondents.

2. This writ petition has been filed praying for the following reliefs:

    ''I. Issue a writ order or direction of appropriate nature declaring ultra-vires to the Rule 5 of the Uttar Pradesh Subordinate Executive (Naib Tehsildar) Service Rules, 2003 as amended by Uttar Pradesh Subordinate Executive (Naib Tehsildar) Service (Second Amendment) Rules, 2014 and by this amendment inside quota was prescribed as Rule 5(2) ka prescribed that out of 50% appointment by promotion, 41% promotion were to be made from the cadre of Revenue Inspector and 9% were to be promoted from Revenue Inspector who initially joined as Registrar Kanungo/Assistant Registrar Kanungo/Land Revenue Clerk as arbitrary, illegal and ultra-vires to Article 14 of the Constitution of India.

II. Issue a writ order or direction in the nature of mandamus directing the Respondents to promote the petitioners on the post of Naib Tehsildar in pursuance of the Rule 16 of the Ut

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