- (1.) M. Katju and D. R. Chaudhary, JJ. Heard learned Counsel for the petitioner' and learned standing Counsel.
(2.) IN this writ petition as well as in connected Writ Petition No. 37304 of 1999 the petitioners have prayed for a writ of mandamus directing the respondents to issue appointment letters to the petitioners in pursuance of the result declared by the UP. Public Service Com mission and the list submitted to the State Government on 15-5-1998. The petitioners appeared in Civil State En gineering Service Examination, 1996 which was held by the U. P. Public Service Commission (hereinafter referred to as Commission ). It appears that 505 vacancies were advertised but the Government decided to fill up only 322 vacancies. In para 11 of the writ petition it is stated that the Commission called the petitioners for written test in which they were declared successful and thereafter the Commission interviewed them as stated in para 13 of the writ petition. The Commission declared the result vide An-nexure 6 to the writ petition. In para 17 of the writ petition it is stated that the Com mission prepared a combined list of suc cessful candidates in order of merit and on the basis of preference given by the petitioners and others. In this list 524 can didates were recommended by the Com mission for three departments. The petitioners underwent medical test and were declared successful.
(3.) IN para 21 of the writ petition it is stated that the State Govt. adopted a peculiar method in appointing Assistant Engineers in three departments in U. P. INstead of issuing appointment letters from the top of the merit list/select list prepared by the Commission they picked up the candidates from the lowest of the list and first they tried to fill up the posts in Minor Irrigation Department. IN paras 22 and 23 of the petition it is alleged that the Government issued letters of appoint ment to certain candidates. IN para 24 of the petition it is alleged that the can didates who v%. . . re issued letters of appoint ment in Minor Irrigation Department did not figure in the merit top select list recommended by the Commission. They were given appointments although they were either at the bottom in the list or opted for first preference. Similar list has been prepared for other departments. A counter-affidavit has been filed in this case and thereafter an interim order dated 17-8-1999 was passed by this Court in which it was stated that since according to the counter-affidavit 322 posts of Assis tant Eagineer out of 505 were being released these 322 posts should be filled up. In pursuance of this interim order ap pointment orders were issued to 322 can didates.;