RAJESH TANDON, J. - (1.)HEARD Shri Ramji Shrivastava, counsel for the appellant.
(2.)BY the present second appeal filed under Section 100 of the Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 11.6.1984 passed by the Civil Judge, Nainital.
Appeal is admitted on the following substantial questions of law:

(1) Whether the suit filed on behalf of plaintiff/respondent, was not barred by the provisions of the U.P. Public Service (Tribunal)Act, 1976? (2) Whether the Civil Court had jurisdiction to entertain the suit, which had been filed by the plaintiff/respondent, praying for his appointment on the post of Conductor in the Corporation? (3) Whether, the defendant/respondent has right to be appointed on the basis of waiting list after its expiry, which is prepared from time to time and the same is valid for one year or till the next waiting list is prepared?

(3.)BRIEFLY stated, a suit was filed by the plaintiffs for declaration to the effect that the plaintiffs are eligible to be appointed as conductor under the U.P.S.R.T.C., Kumaon Region as per merits obtained by them and for mandatory injunction that the defendants be directed to appoint the plaintiffs exclusively on the basis of merit obtained by them in the selection made by the Selection Committee on 28/29 -3 -1980. It has been stated in the plaint that the applications for the recruitment of the post of conductors were invited by the U.P.S.R.T.C in the month of March. 1980 through its Regional Manager, Kumaon Region. The plaintiffs applied for the recruitment in response to the said advertisement. The qualification for the recruitment of the conductor was High School and a total of 800 candidates have submitted the applications. The Selection Committee has selected 165 candidates and merit list was prepared as per schedule A. Thereafter, 15 candidates were called for the training. In paragraph No. 3 of the plaint, the plaintiffs have alleged to the following effect:
7. That the Defdt. No. 3 the Regional Manager UPSRTC Nainital arbitrarily and against the principles of natural justice and in violation of rules, called for training such candidates also who were far below in merit list and also appointed such candidates who could not be appointed on the basis of the merit list to the exclusion of the plaintiffs.

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