Constitution of India, the Recruitment and Promotion Rules of Eklavya Awashiya Vidyalaya, 2007 (for short ‘the Rules of 2007”) were framed and notified in the year 2007. The posts of Cook were created according to the Rules of 2007. The minimum qualification prescribed for the post of Cook was Class 8th Pass and experience of working in a hostel/hotel/canteen as a cook for a period of three years. An advertisement was issued by the Collector on 27.06.2013 for various posts including four posts of Cook. Out of four posts, one post was kept for the Unreserved category; one post for the Other Backward Class and two posts for the Scheduled Tribes community. The petitioners, private respondents of both cases and other eligible candidates submitted their applications for the said post. Based on marks obtained in the 8th Class and the experience certificate, a merit list was prepared. According to the merit list, the petitioner, namely, Shanti Devi secured 75.4 marks, the petitioner, namely, Vinay Raj Sahu secured 64.8 marks whereas Purushottam Ram secured 61 marks and Jaikaran Ram Kushwaha secured 52.6 marks. During the course of verification of the documents, the experience certificates submitted by the petitioners were not found valid, therefore, the private respondents were appointed and against that order, the petitioners have filed these two petitions.
