ARJUN PRASAD PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid writ petitions have been filed for seeking the relief for issuance of the directions to the U. P. Public Service Commission (here-in-after called as 'the Commission') to forward the names from the waiting list to the State Government, prepared on the basis of the combined State/Upper Subordinated Services Competitive Examinations, 1992, 1994 and 1995 for filling up the vacancies in different departments of the State Government. Since the common question of law and facts is involved in all the aforesaid writ petitions, these writ petitions are being decided by a common Judgment.

(2.) In Civil Misc. Writ Petition No. 1204 of 1998, Civil Misc. Writ Petition No. 24576 of 1998 and Civil Misc. Writ Petition No. 36283 of 1998 and two other writ petitions (Civil Writ Petition No. 19374 of 1999, Prem Kumar Singh v. State of U. P. and Ors. and Civil Writ Petition No. 41612 of 1998, Brij Mohan v. State of U. P. and Ors., were decided by this Court with the direction to the respondents to take appropriate steps for recruitment of those candidates, who were selected and were on the waiting list. The aforesaid judgment was pronounced in Civil Writ Petition No. 1204. of 1998 on 10.5.1999 and in the other four writ petitions, judgments were pronounced on 11.5.1999. Against the aforesaid judgments and orders passed by this Court, the State Government as well as the Commission filed special leave petitions before the Supreme Court and the Supreme Court, after clubbing all the special leave petitions, decided and disposed of the same by a common Judgment and order dated 3rd November, 2000. The Supreme Court has set aside the judgments and orders passed by this Court and has sent back the matter to this Court for decision afresh on merits after taking into consideration the counter-affidavit filed on behalf of the respondents. After the remand of the aforesaid writ petitions for further hearing, the State Government and the Commission filed counter-affidavits. The main counter-affidavit by the State of U. P. has been filed in Writ Petition No. 1204 of 1998, Arjun Prasad Pathak and Ors. v. The State of U. P. and Ors.

(3.) In Writ Petition No. 1204 of 1998, the case of Sri Arjun Prasad Pathak and seven other petitioners is that the Commission advertised 520 posts to be filled up by the Combined State/Upper Subordinate Services Competitive Examination, 1992. The result of the aforesaid examination was declared on 4th/5th April, 1996. The Commission declared the result only against 471 posts. The names of the petitioners were not included in the select list. All the petitioners are stated to be in the waiting list. It is alleged that the select list was forwarded to the State Government and the Personnel Department sent the said list of the selected candidates for appointment in the respective departments of the State Government on 14.1.1997. According to the petitioners about 100 posts are still vacant in all categories against 471 posts of 1992 selection. The candidature of the candidates, who have not joined in pursuance of the 1992 selection have to be cancelled and fresh names are required to be called for from the Commission. In this petition out of eight petitioners, six have joined on getting the offers. With the aforesaid facts, the petitioners have approached for writ of mandamus for issuance of a direction to the respondents to call for the names of the candidates from the waiting list and for issuing appointment orders to them.