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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1139 OF 2010  (@ SLP(C)No.26752/2008)

SHRIDHAR SHUKLA & ORS. ... APPELLANT(S)

VERSUS

STATE OF U.P. & ORS. ... RESPONDENT(S)

WITH CIVIL APPEAL NO. 1140 OF 2010 @ SLP(C)NO.2767/2009

O R D E R

Leave granted. Heard learned counsel for the petitioners and also learned  

counsel for the High Court.

In  the  District  of  Kaushambi  vacancies  of  21  Class-IV  

employees were notified for selection  and appointment.  Total 2423  

candidates  submitted  their  applications  for  selection.   Though  

written test was not a requirement for the selection process,  the  

Committee thought of conducting a written test but no marks were  

assigned for the written test and all candidates were called for  

interview and the same was held within two days and the appellants  

herein were selected and they were appointed. Some of the candidates  

who  were  unsuccessful  in  the  selection,  filed  writ  petitions  

challenging the selection.  The learned Single Judge rejected their  

contentions and approved the selection made by the Committee.

Aggrieved by the same, they filed Writ Appeals before the  

High Court and the Division Bench, by the impugned judgment, set  

aside the selection and thereafter the appellants' services were  

terminated from 2008.  Pursuant to the directions issued by the

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Division Bench, we are told that the process of second selection is  

on and fresh applications have been called for and those who have  

not already submitted their applications were not required to submit  

fresh applications and they were also to be considered. In view of  

these  circumstances,  we  do  not  propose  to  interfere  with  the  

impugned judgment.  Accordingly, these appeals fail. However, we  

make it clear that in case any of these appellants  are found to be  

over-aged, that shall not be  ground for their disqualification for  

being selected for appointment.   

With the above observations, we dispose of these appeals.  

No costs.  

..................CJI (K.G. BALAKRISHNAN)

...................J. (V.S.SIRPURKAR)

...................J. (DEEPAK VERMA)

NEW DELHI; 29TH JANUARY, 2010