Sri Kadam Singh and Ors. vs State of U.P.& Ors.

A.K. Yog, J.—Heard Sri Swapnil Kumar, who has filed his Vakalatnama today in court on behalf of the petitioner.

A Division Bench of this Court, while taking cognizance of the petition, passed order dated 91 1986, which reads:

"Admit and connect with Writ Petition No. 2742 of 1982:

Satya Prakash Pandey v. State of U.P. Sd. K.C. Agrawal Sd. R.P. Shukla, J. 9186"

No interim order was passed in favour of the petitioners and the matter is pending in this Court since then.

No counteraffidavit has been filed on behalf of the respondents.

I have called for the record of Writ Petition No. 2742 and perused the record. Said writ petition has already been decided and allowed by a learned single Judge vide judgment and order dated 1231984. In the said writ petition a counteraffidavit was filed and after considering contentions of the respective parties, learned single Judge passed order dated 1231984 directing the respondents in the said writ petition to reconsider the entire matter within two months of production of certified copy of the said order before Director of Agriculture, U.P. Lucknow on the basis of materials obtained in the aforesaid in accordance with law.

It is not disputed at Bar that the facts and the controversy relating to Writ Petition No. 2742 of 1982 is the same and without any distinguishable feature as involved in the present writ petition. In view of the above, this Court need and adjudicate the issue afresh and the present petition is decided in terms of judgment and order dated 131999 (sic) passed in Writ Petition No. 2742 of 1982.

In view of the above, I direct respondents to consider the entire matter within two months from the date of production of certified copy of this order before the Director, Agriculture, U.P. Lucknow and frame a fresh list of Assistant on the basis of marks obtained in the aforesaid test in accordance with merit, provide such a list has not been prepared as yet in pursuance to the direction already passed by, this Court in Writ Petition No. 2742 of 1982.

With the above directions, this writ petition is allowed. There will be no order as to costs.