Ahmadi, J. - (1.) Special leave granted.
(2.) The Uttar Pradesh Public Service Commission issued an advertisement No. A-1/E-2/88-89 inviting applications for appearing at a competitive examination called the U. P. Nyayik Seva (Munsif) Examination, 1988 for selection of candidates for appointment to the said post. The total number of vacancies available at that date was 50. The qualification for appearing at the examination was that the candidate must possess on the last date fixed for receipt of applications a degree of Bachelor of Laws of a University established by law in Uttar Pradesh or any other University of India recognised for this purpose by the Governor which entitles him to practice in courts of law or be an Advocate, Vakil or Pleader on the roll of or be entitled to practice in the High Court of Judicature at Allahabad or Courts Subordinate thereto, etc. It was further required that the application shall be accompanied by an attested copy of High School and Intermediate Certificates, Bachelor Degree and Law Degree Examination Certificates and Mark Sheets of each examination. The last date for receipt of the applications was stated in para 2 of the advertisement to be August 20, 1988. On a plain reading of the advertisement it becomes clear that the candidate applying in pursuance of the advertisement had to possess a Degree of Bachelor of Laws on the last date fixed for receipt of applications, such date in the instant case being August 20, 1988. Not only that, but it was further provided that the applications shall be accompanied by an attested copy, inter alia of the Law Degree Examination Certificate and Mark sheet of such examination. This requirement could never have been fulfilled by those who had not passed the examination by August 20, 1988. Admittedly, the respondent herein had appeared at the law degree examination, the result whereof had not been declared till August 20, 1988. As per the advertisement, her application was, therefore, liable to be rejected, It is an undisputed fact that she had applied in pursuance of the advertisement even though she had not passed the law degree examination till August 20, 1988. She had mentioned in the application that she had appeared for the law degree examination and was awaiting her result. In the meantime, she successfully cleared the law degree examination, the result whereof was declared some time thereafter in October 1988. Aware of this position, the Public Service Commission allowed her to appear at the examination held on 3rd, 4th and 5th May, 1990 and on her successfully clearing the written examination she expected a call for the interview. As she did not receive the call she made inquiries and learnt that Public Service Commission have taken the view that since she had not passed the law degree examination on or before August 20, 1988 she was not eligible to be selected for appointment to the post in question. Thereupon, she approached the High Court by way of a Writ Petition No. 18918/91 which was allowed by the order dated July 12, 1991 whereby the Public Service Commission was directed to call her for interview to be held on 15th and 16th of July, 1991. The Court, however, stated that the Public Service Commission should withhold the result until further orders. Pursuant to the said order she was interviewed and the result was kept in abeyance. Thereafter, on March 17, 1993 the High Court finally disposed of the matter by directing the Public Service Commission to declare her result and if successful to forward her name to the State Government for appointment within a month from the date of presentation of the certified copy of the High Court order. A further direction was given that in the event there was no post available a supernumerary post should be created for her and appointment made thereon. It is this order of the High Court which is challenged in this appeal by special leave.
(3.) As already pointed out, on a plain reading of the advertisement pursuant to which she had made the application, it is obvious that she was required to possess the degree of Bachelor of Laws on the last date fixed for receipt of applications which was August 20, 1988. This becomes clear from the requirement of production of an attested copy of the law degree examination certificate and mark-sheet thereof. A candidate who had not passed the law degree examination before August 20, 1988 would obviously not be in a position to comply with this requirement. Admittedly, she did not comply with this requirement and had stated in her application that on the last date fixed for receipt of the applications, i.e., August 20, 1988, she did not possess the degree of Bachelor of Laws, but that she had appeared at such examination and was awaiting the result. The result was declared some time in October, 1988. She was also permitted to appear at the written test held by the Public Service Commission but as she did not receive any intimation in regard to the oral test she moved the High Court by way of writ petition and obtained an interim order directing the Public Service Commission to interview her at the interview to be held on 15th and 16th of July, 1991. In obedience to that order the Public Service Commission interviewed her, but kept her result in abeyance, which was declared after the writ petition was finally disposed of by the impugned order of March 17, 1993. By the final order the High Court not only directed the Public Service Commission to declare the result but further directed that her name should be forwarded to the Government for appointment and the Government should, if necessary, create a supernumerary post and appoint her thereon. In taking this view, the High Court placed reliance on two of its earlier judgments as well as the judgment of this Court in Ashok Kumar Sharma vs. Chander Shekher, (1993) 1 Serv LR 379, dated 18th December, 1992. Therefore, in order to examine the correctness or otherwise of the conclusion reached by the High Court we deem it necessary to briefly refer to this Courts decision in the case of Ashok Kumar Sharma.;