JUDGMENT :

DINESH KUMAR SINGH, J.

1. Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Ms Meenakshi Singh Parihar, learned counsel appearing for the petitioners and Sri Ramesh Kumar Singh, Additional Advocate General assisted by Sri P.K. Khare, learned Additional Chief Standing Counsel appearing for the State.

2. Present writ petitions have been filed in respect of the result of “Ziledari Qualifying Examination 2018” held as per Irrigation Department Ziledars' Services Rules, 1963 (hereinafter referred to as ‘Rules, 1963’) declared on 26.11.2018 for promotion from amongst confirmed Seench Paryavekshak working in the Irrigation and Water Resources Department fulfilling the eligibility condition as prescribed under Rule 6 of the Rules, 1963 i.e. one should be confirmed Seench Paryavekshak and should have continuously worked as Seench Paryavekshak, having 7 years substantive services and should qualify the examination as prescribed under Rule 15 of the Rules, 1963.

3. Vide office orders dated 06.08.2018 and 24.10.2018 issued by the Engineer-in-chief, Head of Department, Irrigation and Water Resources, a three members Examination Committee was constituted to conduct “Ziledari Qualifying Examination, 2018” as per Rules, 1963. Result of the said examination was declared on 26.11.2018.

4. Several complaints were received regarding gross and systematic irregularities and large scale corruption with respect to said Qualifying Examination. Several reports in this regard were published in newspapers and on social media. The complaints, that were received, were primarily with respect to the malpractice and corruption in the examination such as demanding illegal gratification and acceptance of bribe from various candidates in order to pass them in the qualifying examination.

5. Engineer-in-chief, Head of Department, Irrigation and Water Resources considering these complaints and reports wherein sanctity, fairness and transparency of the examination process became doubtful and a casualty, on 29.11.2018 constituted an enquiry committee.

6. There were several complaints against one of the members of the examination committee, namely Raj Kumar Gangwar, Deputy Revenue Officer, Kanpur Division.

7. Enquiry committee submitted its report on 24.01.2019 to the Engineer-in-Chief and the allegations regarding gross irregularities, malpractices and corruption in the “Ziledari Qualifying Examination, 2018” were found to be true. Sri Raj Kumar Gangwar member of the examination committee was placed under suspension.

8. It appears that another two members committee headed by Sri Har Prashad, Chief Engineer submitted its report to the Engineer-in-chief on 15.02.2019 in respect of gross irregularities, malpractices and corruption in conducting the “Ziledari Qualifying Examination, 2018.”

9. Considering these two enquiry reports, which would make very sanctity and fairness of the examination suspect, result dated 26.11.2018 of the “Ziledari Qualifying Examination, 2018” was cancelled by the Engineer-in-chief, Head of Department, Irrigation and Water Resources, Government of U.P. vide office order dated 26.07.2019.

10. The Engineer-in-chief vide letter dated 02.09.2019 submitted the enquiry report dated 15.02.2019 to the State Government recommending disciplinary proceedings against the Chairman and Members of the Examination Committee who were responsible in conducting the “Ziledari Qualifying Examination, 2018.”

11. The State Government vide order dated 19.02.2020 decided to suspend and initiate disciplinary proceedings under Rule 7 of the U.P. Government Servant (Disciplinary and Appeal) Rules, 1999 against Sri Rameshwar Kumar Mishra, Chairman, Ramraj and Raj Kumar Gangwar, members of the examination committee regarding corruption, gross irregularities which had adversely affected the sanctity, validity and fairness of the examination.

12. Several Seench Paryavekshaks filed writ petition being Writ A No. 1965 of 2021, Dharmendra Kumar and Others vs. State of