Arijit Pasayat, J. - (1.) JUDGMENT -
(2.) LEAVE granted. These appeals are directed against the judgment of the Allahabad High Court rejecting with petitions filed by the appellants. The only question which falls for consideration in these appeals is the date from which the period of validity of the waiting list is to be reckoned. According to the Union Public Service Commission (hereinafter referred to as the `Commission') it is from the first date on which the recommendation was made by the Commission. The appellants took the stand that the recommendations were done piece-meal, and therefore, it has to be from the date on which the last recommendation was made. The State of U.P. endorses the stand of the appellants. It has to be noted that there is no statutory rule governing the situation. Background facts are as follows :- The Commission issued an advertisement for filling up 218 posts of Assistant Prosecuting Officer (in short the `APO'). The appellants applied for appointment. On the basis of recommendations made by the Commission, appointments were made by the State Government in instalments since the Commission itself appears to have been sending proposals also in instalments, after due verification of the credentials and fitness of candidates. The first batch of appointment orders was issued on 20.8.2001 requiring selected candidates to join by 10.9.2001. Thereafter, appointments were made in two further batches and the joining dates were indicated to be 3.10.2001 and 20.4.2002. It is undisputed that about 30 candidates who were selected did not join.
(3.) ON 26.11.2001, the State Government sent communication to the Commission pointing out that the candidatures of 7 candidates have been cancelled as they had refused to join and a request was made for seven additional names. Grievance of the writ petitioners (appellants herein) was that when 30 posts were vacant and the period of currency of the waiting list was not over the State Government should have required the Commission to send 30 names. Response of the Commission to the letter of the State Government was that the additional names called for were not to be sent, as two and half years had elapsed from the date when the first recommendation was sent by the Commission. Writ petitions were filed questioning the view taken by the Commission. The High Court by the impugned judgment held that the period of validity of the waiting list was over.;