G.P.Mathur, J. - (1.) This writ petition under Article 226 of the Constitution was filed on 2.3.1994 but its hearing was adjourned on the request of the learned counsel for the petitioner on the ground that a similar controversy was pending in an appeal before the Hon'ble Supreme Court. The writ petition was listed several times for admission but every time its hearing was adjourned on the aforesaid ground. When the petition was listed on 23.7.2001. Sri Ram Niwas Singh, learned counsel for the petitioner made a statement that he wanted to argue the writ petition on merits and thereafter the petition was heard on 24.7.2001.
(2.) The petitioner is a practising lawyer of Varanasi. The respondents in the writ petition are (1) State of Uttar Pradesh. (2) Governor of Uttar Pradesh, (3) High Court of Judicature at Allahabad and (4) Selection Committee, Uttar Pradesh Higher Judicial Services. The petitioner has sought several reliefs but the principal reliefs are (A) and (B) which are being reproduced below : "(A) issue a writ, order or direction in the nature of writ of mandamus commanding the respondent Nos. 3 and 4 to make recommendations in light of the directions given by Supreme Court in its judgment in O.P. Garg's case and make recommendation of petitioner for his appointment on the post of U.P.H.J.S. and the candidates of such list be appointed in future vacancies till next selection and recommendation is made and in the alternative issue writ, order or direction commanding the respondent to produce the record of the U.P.H.J.S. Examination, 1988 and quash the impugned select list dated 25.7.1992 and 6.4.1991 (Annexures-X and XI) and also the recommendation of the High Court by resolution of full court dated 25.7.1992 ; (B) issue a writ, order or direction in the nature of writ of mandamus commanding the respondent Nos. 3 and 4 to redetermine the vacancy of U.P.H.J.S. Examination. 1988, in accordance with law and to fill the 5 vacancies out of 29 vacancies which has not been filled by direct recruitment and which is recommended to be filled by promotion from Nyaylk Sewa."
(3.) An advertisement was issued by the Joint Registrar of the High Court inviting applications for making recruitment to U. P. Higher Judicial Service. It was mentioned in the advertisement that a competitive examination was likely to be held sometime in December. 1989 and the last date for submission of the application form was 16.8.1989. The case of the petitioner is that he was a practising advocate of more than 7 years of standing and he accordingly applied for the post and appeared in the written examination. He was called for interview by the letter dated 15.10.1990 and, therefore, no further intimation was given to him. Obviously, the petitioner was not selected as the result of the said examination was declared soon after the interviews were held.;