S.R.SINGH, J. - (1.) THE petition seeks quashing of the letter No. 2115/C -3/97 -98 dated 28 -6 -2000 issued by the U.P. Public Service Commission, Allahabad and a direction to the third respondent to forthwith forward four additional names from the waiting list prepared on the basis of Assistant Prosecuting Officer Examina ­tion, 1996 in pursuance of the request made by the State Government vide com ­munication dated 2 -2 -2000 and ap ­propriate super -added with the direction to respondent Nos. 1 to 4 to forthwith grant appointments to four additional wait listed candidates immediately after receipt of such names from the U.P. Public Service Commission.
(2.) WE have heard Sri Ashok Khare, Senior Advocate for the petitioner and Sri S.K. Singh, learned Counsel appearing for the U.P. Public Service Commission and Standing Counsel appearing for the respondents 1 and 2. Petitioner appeared in Assistant Prosecuting Officer Examination, 1996 result of which was declared on 27 -2 -1998. Total number of vacancies for which the examination was held was 99 and equal number of candidates were recommended by the U.P. Public Service Commission for appointment. It appears that seven of the recommended candidates did not join but the State Government sent requisition on 27 -7 -1999 only for three additional names out of the candidates who appeared in Assistant Prosecuting Officer Examina ­tion, 1996. The U.P. Public Service Com ­mission admittedly forwarded the names of three additional names on 20 -10 -1999. No reason has been disclosed as to why the Government requisitioned only three ad ­ditional names whereas seven candidates had not joined pursuant to the recommendation made by the Commission. The can ­didature of the four candidates was can ­celled on 19 -1 -2000. The State Govern ­ment vide letter dated 2 -2 -2000 requested the Commission to forward four addition ­al names. The Commission declined vide letter dated 28 -6 -2000. The Commission, it appears, has turned down the request of the State Government on the ground that no names could be sent beyond the period of one year from the date of the recom ­mendation of the last candidate which was done on 20 -1 -1999.
(3.) IT has been submitted by Sri Ashok Khare, Senior Advocate appearing for the petitioner that the claim or the candidate next in order of merit arose for considera ­tion only after the candidature of four can ­didates came to be cancelled by the State Government on 19 -1 -2000. Sri S.K. Singh, learned Counsel appearing for the Com ­mission submitted that Assistant Prosecuting Officer Examination in the present case was held in the year 1996 and Assistant Prosecuting Officer Examina ­tion, 1997 has in the meantime already taken place and, therefore, in view of the law laid down by the Supreme Court in State of U.P. v. Rafiquddin and others, AIR 1988 SC162 no direction can be issued to the Commission to forward the names of the wait -listed candidates of Assistant Prosecuting Officers Examination, 1996.;