L.NAGESWARA RAO,J. - (1.) These Appeals are filed against the judgment of the High Court of Uttarakhand at Nainital by which a direction was issued to restrict the selection of Assistant Prosecuting Officers only to the number of posts that were advertised.
(2.) An advertisement was issued by the Uttarakhand Public Service Commission (hereinafter referred to as 'the Second Respondent') on 19.09.2009 for appointment to the posts of Assistant Prosecuting Officers. The number of posts notified were 38. It was mentioned in the advertisement that the number of posts may be increased or decreased by the State Government. A preliminary examination was contemplated in case there were a large number of applications. It was mentioned in the advertisement that the 'year of recruitment' was a period of 12 months commencing from the 1st day of July of the calendar year.
(3.) As a large number of candidates applied, a preliminary examination was conducted on 31.10.2010, the result of which was declared on 04.02.2011. The Third Respondent who was an applicant filed an application under the Right to Information Act, 2005 seeking information about the number of posts for which the preliminary examination was conducted. The Second Respondent responded stating that the number of vacancies for which the selection was being held was 74. The Third Respondent filed a Writ Petition in the High Court of Uttarakhand at Nainital for a direction that only 38 posts of Assistant Prosecuting Officers which were advertised on 19.09.2009 should be filled up.;