(1.) This petition has been filed for a direction upon the U.P. Public Service Commission, Allahabad to recommend the names of the waiting list-candidates against the existing vacancies of Assistant Prosecuting Officers, which had been advertised by Advertisement No. A-5/E-1/1997-98.
(2.) Learned Counsel for the petitioners has submitted that all the petitioners had appeared in the written examination and were also called for interview. The final select list was declared on 20th March, 1999 and even though the names of the petitioners were not included in the main select list, but they are hopeful that their names would be included in the waiting list. The State Government had sent a requisition to the Commission to recommend the names of the Candidates next in order of merit, as certain candidates did not join the post, but the Commission expressed its inability as the life of the waiting list had expired. This decision of the Commission was challenged by 11 candidates by filing a writ petition in this Court which was dismissed. The Supreme Court however granted relief to them by directing that they shall be considered by the Commission and the State Government, and would be appointed if otherwise found suitable and eligible. The said decision was rendered in Sheo Shyam and Ors. v. State of U.P. and Ors. (2004) 2 ESC 256. The Supreme Court in the said decision held that the life of the waiting list which is of one year should be reckoned from the last date when the recommendation was made by the State Government. However, in view of the fact that after the decision of the Commission not to send the names to the State Government as the waiting list had expired, which decision was the subject matter of the writ petition before the High Court, the State Government itself had sent a requisition of 56 posts, including 11 posts to which the dispute related, and examinations were held subsequently on 9th November, 2003, the Supreme Court observed that the career of 11 candidates cannot be jeopardised, and therefore in these peculiar circumstances, it directed that the appointment shall be considered by the Commission and the State Government.
(3.) Learned Counsel for the petitioners submitted that the same relief should be granted to the petitioners. From a perusal of the judgment of the Supreme Court we find that because of the peculiar facts and circumstances of the case that the Supreme Court had granted relief to the 11 appellants only. The Supreme Court could have granted relief to all the candidates in the waiting list subject to the availability of the vacancies.