VED PRAKASH TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) THE petition seeks quashing of the letter No. 2115/C -3/97 -98 dated 28 -6 -2000 issued by the U.P. Public Service Commission, Allahabad and a direction to the third respondent to forthwith forward four additional names from the waiting list prepared on the basis of Assistant Prosecuting Officer Examina ­tion, 1996 in pursuance of the request made by the State Government vide com ­munication dated 2 -2 -2000 and ap ­propriate super -added with the direction to respondent Nos. 1 to 4 to forthwith grant appointments to four additional wait listed candidates immediately after receipt of such names from the U.P. Public Service Commission.

(2.) WE have heard Sri Ashok Khare, Senior Advocate for the petitioner and Sri S.K. Singh, learned Counsel appearing for the U.P. Public Service Commission and Standing Counsel appearing for the respondents 1 and 2.

(3.) IT has been submitted by Sri Ashok Khare, Senior Advocate appearing for the petitioner that the claim or the candidate next in order of merit arose for considera ­tion only after the candidature of four can ­didates came to be cancelled by the State Government on 19 -1 -2000. Sri S.K. Singh, learned Counsel appearing for the Com ­mission submitted that Assistant Prosecuting Officer Examination in the present case was held in the year 1996 and Assistant Prosecuting Officer Examina ­tion, 1997 has in the meantime already taken place and, therefore, in view of the law laid down by the Supreme Court in State of U.P. v. Rafiquddin and others, AIR 1988 SC162 no direction can be issued to the Commission to forward the names of the wait -listed candidates of Assistant Prosecuting Officers Examination, 1996.