(1.) In this petition the prayer has been made for issuance of writ of mandamus directing the respondents to announce the result of the selection held on 30th December, 1985 and 11th February, 1986 to the post of Naib Moharrirs and to pass the consequential order regarding the appointment of the petitioners.
(2.) Heard Sri S.N. Verma learned Senior Advocate with Sri Navin Sinha learned Senior Advocate with Sri Arvind Verma and Sri Sharad Malviya learned Counsel for the petitioners and Sri. M.C. Chaturvedi, learned Addl. Chief Standing Counsel for the State and Sri Ashok Mohiley, learned Senior Advocate for Nagar Mahapalika Allahabad.
(3.) The brief facts necessary for adjudication of the present writ petition are that the petitioners No. 1 and 2 were originally appointed as peon in Nagar Mahapalika, Allahabad in the year 1977, later on petitioner No. 1 and petitioner No. 2 were appointed as Naib Moharrir by order dated 12.12.94 and 12.1.1985 respectively on ad-hoc basis till regular appointments to the said post are made, subsequently they were reverted to their substantive post. The recruitment to post of substantive vacancy of Naib Moharrir, started after inviting applications from the departmental candidates as well as from open market and the petitioner Nos. 1 and 2 amongst others were called for interview on 12.2.1986 and 30.12.1985 respectively. The petitioner appeared before the Selection Committee, duly constituted as per the provision of Section 107 (4) of U.P. Nagar Mahapalika 'Adhiniyam' (now U.P. Municipal Corporation Act), 1959, in short called 'Adhiniyam'. The said Committee was comprised of one Sri R.C. Sharma, Deputy Administrator, the Chairman of Mukhya Nagar Lekha Parikshak, Sri Ram Kumar Bajpai, Mukhya Nagar Lekha Parikshak and Sant Ram Gupta, Up-Nagar Adhikari. The relevant Section 107 (4) of the Adhiniyam and Rules 17, 18 and 19 of the Nagar Mahapalika Niyamawali, 1952 are reproduced as under-