A.N. Varma, J. - (1.) THIS petition was initially filed for a mandamus commanding the respondents not to hold selections for appointment on the posts of Lecturer in Cardiology in State Medical Colleges, on one of which, according to the petitioner, he has a right to be regularised in terms of U.P. Regularisation of ad hoc appointments (on posts within the purview of Public Service Commission) (Second) Amendment Rules, 1989, having been working continuously as a Lecturer in Cardiology on ad hoc basis since 7 -6 -1986. It is, however, not necessary to elaborate the facts as it is now conceded by Sri Vinod Misra, the learned standing counsel for the U.P. Public Service Commission, that the recommendation which proposes to make on the basis of the selections held by it in pursuance of the impugned advertisement dated 17 -8 -1988 will not be in relation to the post claimed by the petitioner in view of the fact that he already stands regularised in terms of relevant rules for regularisation. He, however, submits that there is yet another post of Lecturer in Cardiology in regard to which the Commission has to make recommendation.
(2.) SRI A.K. Yog, learned counsel for the petitioner, however, contends that no other post is available for being filled by direct selection except one which has been subsequently created for which the State Government has to take fresh steps for selections. On this point, there appear to be serious dispute between the parties to the petition. We, however, do not propose to make any comments with regard to any other post inasmuch as admittedly the petitioner stands regularised on the post on which he was appointed on ad hoc basis as confirmed by Sri Vinod Misra, learned Standing Counsel for the U.P. Public Service Commission. As noted above, Sri Vinod Misra had clearly stated that the Commission does not propose to make any recommendation by the U.P. Public Service Commission to the State Government with regard to the petitioner's post. It is thus apparent that the petition has become infructuous for all practical purposes in view of the fact that the petitioner's claim for regularisation stands conceded.
(3.) WITH these observations the petition is disposed of finally. The interim order passed by this Court stands discharged subject to the observations made hereinabove. Our order should not, however, be construed as preventing the petitioner or any other party from raising such claim or plea as may be available to him in law with regard to any post other than that over which he claimed regularisation. A copy of this order may be given to the learned counsel for the parties on payment of requisite charges by tomorrow.;