MOHAMMAD ZAKI KHAN Vs. STATE OF U P

JUDGEMENT

(1.) OM Prakash, J. This petition raises a short but very interesting question whether 97 posts belonging to the cadre of the Sales Tax Officers, Grade II (for short, the cadre of STOs)-now Trade Tax Officers-in the State of U. P. were available for being filled up in May/june, 1988, when written examination was conducted by the U. P. Public Service Commission ('commission' hereafter), result of which was declared on 10-5-1990 for filling up 50 posts of the said cardre (originally advertised only 33 vacancies ).

(2.) THE State Government sent an intimation to the Commission for filling up 33 vacancies pertaining to the cadre of STOs vide letter dated 28-8-j 84 which were later increased to 50. No exclusive examination was held for filling up such vacancies and the Commission held a combined for Upper Subordinate Services including the posts of the cadre of STOs. THE Commission, therefore, caused an advertisement to be made in December, 1985 for holding the combined Upper Subordinate Service Examination which, inter alia, included the vacancies of the cadre of STOs. Pursuant to the said advertisement, written examination was held in May/june, 1988 and the result was declared on 10-5-1990. THE petitioner appeared in the said examination in connection with the vacancies of STOs THEy were interviewed but failed.

(3.) NO counter-affidavit has been file i by the Commission, respondent On behalf of respondents NO. 1 and 2, a counter-affidavit was filed and later a detailed supplementary counter-affidavit was also filed on their behalf annexing the entire correspondence exchanged between the Sales Tax Department and the Commission for filling up a large number of vacancies. Annexure 'a' to the supplementary counter- affidavit is a letter dated 11-10-1982 which was sent by the Commissioner, Sales Tax U P. Lucknow (respondent NO. 2) to the Joint Secretary of the Commission. In this letter, the Commissioner regrettably stated that as against the requisitions dated 25-9-1978 and 9-12-1981 for filling up 75 and 115 vacancies respectively, i. e. 190 vacancies (75 + 115), the Commission assured to make 150 selected candidates available, that on such assurance, the Department sent a requisition for 40 vacancies representing the difference of 190 and 150, in addition to that 28 vacancies arose after December, 1981 and thus a requisition of 68 vacancies (40+28) was sent to the Commission vide letter dated 16-9-1982, but the Commission made available only a select list of 75 candidates on 6-9-1982. In this letter total vacancies were worked out at 218 (75 + 115+28 ). Of these vacancies, the commission made a select list of 75 candidates available through the examination of 1988 and thus leaving behind the back log of 143 vacancies (218-75 ). The Commissioner emphasising the urgency requested the Commission to fill up the back log of 143 posts through emergency recruitment examination.