(1.) Heard learned counsel for the parties. Since the legal arguments advanced on this writ petition and the connected writ petition are same, both the writ petitions are being decided by this common judgment.
(2.) Writ petition No. 10246 of 2009, Mahendra Kumar and another v. State of U. P. and others has been preferred for directed against the U.P. Public Service Commission, Allahabad arrayed though its Chairman and the Secretary respondent Nos. 2 and 3 respectively for including the names of the petitioners in the final select list of U.P. Judicial Services Civil Judge (J.D.) Examination 2006 vacancies by declaring them selected against 355 for the said post. A further direction has been sought for directing respondent Nos. 1 and 4 i.e. the State of U.P. and the High Court of Judicature at Allahabad through its Registrar General respectively to appoint the petitioners on the post of Civil Judge (J.D.).
(3.) This case has been listed for hearing under the heading of 'old caes'. No counter-affidavit has been filed by the Public Service Commission, therefore, inspite of time having been granted, the Court is constrained to decide this writ petition on merits without calling for a counter-affidavit.