SUDHANSHU DHULIA,J. - (1.) HEARD learned counsel for the petitioners Sri Bhupesh Kandpal, learned Standing Counsel for the State of Uttarakhand Sri N.P. Sah, learned counsel for the Public Service Commission Sri B.D. Kandpal and the learned counsel for the interveners Sri R.S. Bisht.
(2.) THE petitioners by means of the present writ petition have challenged the selection process by the State Public Service Commission, Uttarakhand (from hereinafter referred to as the Commission) and its subsequent implementation to the posts of Junior Engineers (Civil) in Public Works Department, State of Uttarakhand (from hereinafter referred to as PWD). The principal contention of the petitioners is that in its advertisement dated 7th February, 2007 (Annexure 2 to the writ petition), inter alia, the Commission had invited applications from eligible candidates for 70 posts of Junior Engineer (Civil) in PWD, State of Uttarakhand. The last date of submitting the applications for the said posts was 27th February, 2007. Subsequently, the petitioners were told that though advertisement was made for only 70 vacancies, the Commission, all the same, has selected 258 candidates for the posts of Junior Engineer (Civil). The petitioners allege that this is in clear violation of the advertisement and the conditions laid down therein inasmuch as once 70 vacancies have been notified, selection could be made against only 70 vacancies and any selection made over and above the notified vacancies is per se illegal.
(3.) THE Commission and the State of Uttarakhand have also filed their counter affidavits. What is clear from their counter affidavit is that they admit that in the advertisement dated 7th February, 2007 only 70 such vacancies (as contended by the petitioners) were advertised. However, these vacancies were existing in the year 2005. Between 2005 and 12th July, 2006, the structure of PWD in the State of Uttarakhand was finalized and it was then known that the actual vacancies of Junior Engineer (Civil) in PWD in the State of Uttarakhand will be 258 and not 70, as earlier calculated, consequently vide letter dated 30th March, 2007, the State Government requested the Commission to make selections for 258 vacancies of Junior Engineer (Civil) instead of 70 and the earlier requisition made should be considered to be amended to that extent.;