S.R.Singh, J. - (1.) By means of the present petition, the petitioners have prayed for the issuance of a writ of mandamus directing the respondents to issue appointment letters to them and to keep the select/waiting list alive until they are absorbed in the service of the respondents.
(2.) U.P. State Road Transport Corporation (hereinafter referred to as 'Corporation) was constituted with effect from 1-6-1972 under Section 3 of the Road Transport Corporation Act, 1950 (briefly called as the 'Act') vide Notification No. 2869/XXX-2-432-T-68, dated 31-8-1972 published in the Gazette (Extraordinary) dated 1-6-1972. Being the Road Transport Undertaking of the State of U. P., the Corporation is engaged in providing efficient, adequate econmical and properly co-ordinated road transport services to the travelling public. The Corporation has framed regulations under Section 45(22) (c) of the Act laying down terms and conditions of the service of its employees. The mode of direct recruitment is provided in Regulation 20 which reads as under : "20 (1) For the purposes of direct recruitment the appointing authority shall constitute a Selection Committee comprising not less than three members. (2) The Selection Committee shall scrutinise the applications and require the eligible candidates to appear in a competitive examination/trade test and/or an interview as the appointing authority may decide. Note. - The syllabus for competitive examination shall be such as may be prescribed by the appointing authority from time to time. (3) The Selection Committee shall, having regard to the need of securing due representation of the candidates belonging to the scheduled castes, scheduled tribes and other categories in accordance with Regulation 12, call for interview such number of candidates as they consider proper. (4) The Selection Committee shall prepare a list of selected candidates in order of their proficiency as disclosed by the aggregate of marks obtained by them in the written test/trade test and/or interview. If two or more candidates obtain equal marks, the person getting higher marks in the written test/trade test shall be placed higher and where the selection is made on the basis of interview only, the person older in age shall be placed higher. The number of names in the list shall be larger (bit not larger by more than 5 per cent) then the number of vacancies. The Selection Committee shall forward the list of the appointing authority. (5) The list prepared under sub-regulation (4) shall remain alive for one year from the date it is finalised by the Selection Committee or till from the date next select whichever is earlier."
(3.) The factual matrix of the case is incapsulated as under. It appears that in anticipation of the requirements of 117 clearers (number could be increased or decreased) in the department, an advertisement (annexed as Annexure-1 to the writ petition), was published in local daily 'Aaj' inviting applications for preparing a select/waiting list of 117 candidates. The posts for which the applications were invited include the posts of Fitter, Motor Mechanic (diesel) Wireman, Sheet-metal, Welder, Painter, Blacksmith etc. The qualification pre-requisite to the selection as mentioned in the advertisement was that the candidates must possess certificates in the concerned trade from I. T. I. (Industrial Training Institute). Pursuant to the aforesaid advertisement, the petitioners also put forth their candidatures by means of proper applications and alongwith others, they were also called for interview. According to the petitioners, they possessed requisite qualifications against the posts as per the requirements mentioned in the advertisement and as such they were fully qualified as a result of which they were called for interview on different dates trade-wise. In the trade of Electrician a waiting list of 29 candidates was published on 1.9-8-1989 in which the name of the petitioner No. 1 figures at serial No. 27. There is no denying of the fact that candidates in the aforesaid select list from serial Nos. 1 to 25 have been given appointment. Similarly, in so far as trade 'sheet Metal' is concerned, a waiting list consisting of 127 candidates was published on 14-8-1989 in which the petitioner No. 2 finds mention at serial No. 22. Admittedly, first 18 candidates of the list have been absorbed in the service. In respect of the trade 'Ftter', a select list was published on 1-9-1989 in which the petitioner No. 3 figured at serial No. 54 and out of which first 24 candidates have admittedly been taken into the service. Having failed in getting appointment on the basis of the select list, the petitioners have invoked this Court's jurisdiction under Article 226 of the Constitution of India for the reliefs stated (supra).;