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2005 Supreme(UK) 542

RAJESH TANDON, CYRIAC JOSEPH
Arshad Jamil – Appellant
Versus
State of Uttaranchal – Respondent


Advocates Appeared:
Sri Sudhanshu Dhulla, Senior Advocate, assisted by Sri D. S. Patni, Advocate for the petitioner.
Sri Sharad Sharma, Advocate for the respondent no. 2.
Learned Standing Counsel for the respondents no. 1, 3, 4 and 5.

JUDGEMENT (Per: Hon'ble Rajesh Tandon, J.)

1. Heard Sri Sudhanshu Dhulla, Senior Advocate, assisted by Sri D. S. Patni, leaned counsel for the petitioner and Sri Sharad Sharma, counsel for the respondent no. 2 and Standing Counsel for the respondents no. 1, 3, 4 and 5.

2. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 18-12-2004 passed by respondent no. 1 terminating the services of the petitioner as Civil Judge (J.D.). Petitioner has, further, prayed for a writ of mandamus directing the respondents to allow the petitioner to work on the post of Civil Judge (Junior Division) and pay him salary regularly.

3. Briefly stated, an advertisement No. 2/2002-2003 was published inviting applications for the post of Civil Judge (Junior Division), by the Uttaranchal Public Service Commission (U.P.S.C.). The petitioner, being a member of the caste 'Momim-Ansar' which is included in the list of Other Backward Classes (O.B.C.) in Uttaranchal, applied for the post of Civil Judge (Junior Division). Admit Card was issued to the petitioner for the preliminary examination. The petitioner succeeded in the said examination and he was called for











































































































































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