STATE OF U. P. Vs. BIBHAKAR DWIVEDI

JUDGEMENT

(1.) Leave granted.

(2.) The question which arises for determination in these appeals is whether the High Court could have directed the appellant to fill up the vacancies from the waiting list prepared in respect of the appointment to the post of Assistant Engineer (Civil) in the Department of Irrigation, Minor Irrigation and the Public Works Department and Rural Engineering.

(3.) Selection by examination in 1996 was made for the post of Assistant Engineer (Civil) in the Department of Irrigation, Mining Irrigation and the Public Works Department and Rural Engineering. The respondents appeared and were successful but were not selected. Their names were on the waiting list prepared by the State Public Service Commission. The results of the 1996 examination were published on 15-5-1998. The allotments of the posts between four different departments for which the combined examination was held were made on 2-6-1998. The case of the respondents is that all the appointments which were made from the select list against the several posts were not made until the selectees approached the High Court and direction was given to the appellant herein to issue the appointment letters. Out of the appointees 188 did not join the posts. Claiming that by reason of the 188 vacancies thereby created they should be filled by the persons whose names were in the waiting list, the respondents approached the High Court. The High Court by the impugned Judgement considered the notification which had been issued on 15-11-1999 to the effect that there should be no waiting list and held that the notification did not have retrospective effect and therefore, the appellants before us were directed to fill up 188 vacancies from out of the waiting list within a fixed period.