RAM DUTTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner as well as the learned Counsel representing the respondent Nos. 1 and 2.

(2.) PERUSED the record.

(3.) THE merit list as well as the waiting list were prepared on the basis of the declaration of the result dated 10 -6 -1983. The waiting list according to the Government order in force was valid only for a period of one year which expired on 10 -6 -1984. It has been brought on record and in fact not disputed that a total number of 57 candidates recommended for appointment by the Commission did not turn up and as such a large number of vacancies remained unfilled. In the aforesaid circumstances, the appointing authority who was the Agriculture Production Commissioner who had acquired knowledge of the fact that 57 persons had declined to join the post before expiry of the one year from the date of declaration of the result, requested the Commission to send additional list of recommendees so that the vacancies may be filled up. The vacancies in the post of the Block Development Officers remained unfilled during the currency of the waiting list. However, the Government was unable to appoint any candidate prior to 25 -5 -1984 on which date the interim stay in another case which was granted by the High Court was modified. The interim order had been granted in writ petition No. 6124 of 1981 restraining the authorities to appoint on the basis of the selection list which had been published in the year 1983. After the vacation of the interim order the Government had decided to proceed with and act upon the selection list. The Agriculture Production Commissioner had therefore, requested the Commission to send list of its recommendees so that suitable persons could be appointed from the select list or waiting list but the Commission did not send any recommendation. It may be noticed that the period of stay was liable to be excluded while computing the period of one year of currency of the select list/waiting list as no person could be allowed to suffer at the hands of the Court.