SINGH ANAND KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) R. B. Misra, J. Heard Sri Anil Tiwari, learned Counsel for the petitioners; Sri Ashok Khare, learned Senior Advocate assisted by Sri V. K. Singh, learned Counsel for Malaria Association, and Sri Raj Kumar/ Miss. Enakshi Sharma, learned Standing Counsels for the State respondents. In the present writ petition the petitioners have prayed for issuance of writ of mandamus commanding the respondents to issue appointment letters to them to the post of Assistant Malaria Officer as they had duly participated in the Combined State Subordinate Services Examination, 1999 conducted by the Uttar Pradesh Public Service Commission and they have been declared successful.

(2.) THE Uttar Pradesh Public Service Commission (hereinafter in short called as "commission') conducts examinations for recruitment to different cadre of posts including the posts in Upper Subordinate Services and Lower Subordinate Services through Combined State/upper Subordinate Services Examination. THE examination is conducted not for individual post, but for different posts requisitioned by the State Government. THE Combined State/subordinate Services Examination is a time bound examination conducted by Commission, each year. THE aforesaid examination is consisting in three stages. THE first stage is preliminary examination, through which candidates are screened out for the main (written examination) i. e. second stage, which is followed by interview i. e. the third stage. THE candidates declared successful after interview are allotted posts in various departments on the basis of their merits and preferences given by them.

(3.) THE post concerned of Assistant Malaria Officer is lower subordinate post, which was brought in the purview of 'commission' vide Govt. Notification No. 679/ka-3-98-13/40/97 dated 27-2-1998. It was clearly stipulated in the para 2 of the above named advertisement - "some of the vacancies of the Combined State/upper Subordinate/ Lower Subordinate services have not been communicated by the Government and if the vacancies are communicated by the Govt. prior to the date of preliminary examination, the selection shall be made through this examination. THE Government vide its letter No. A/mal-AMO/99/1/1222 dated 4-3-1999 requisitioned 57 posts of Assistant Malaria Officer to fill-up through the aforesaid examination prior to the preliminary examination, 1999. THE Commission thereafter received the requisition of 5 different types of post prior to the preliminary examination and all the 5 posts were thus included in this examination after the advertisement of the aforesaid examination. THE Commission provided the detail of the posts and the number of vacancies to each candidate who was declared successful in the preliminary examination. THE aforesaid five posts, which were added to this examination after the advertisement but prior to the preliminary examination, are as follows: (A) Treasury Officer -9 posts. (B) District Panchayat Raj Officer -10 posts. (C) Deputy Jailor -47 posts. (D) THE Assistant Malaria Officer -57 posts. (E) Marketing Inspector.-256 posts. Thus, the total vacancies were increased from 478 to 917 at the time of preliminary examination and the final selection was made for 917 vacancies.