R.B.Misra, J. - (1.) In this petition the prayer has been made for issuance of writ of mandamus directing the respondents to announce the result of the selection held on 30th December, 1985 and 11th February, 1986 to the post of Naib Moharrirs and to pass the consequential order regarding the appointment of the petitioners.
(2.) Heard Sri S.N. Verma learned Senior Advocate with Sri Navin Sinha learned Senior Advocate with Sri Arvind Verma and Sri Sharad Malviya learned Counsel for the petitioners and Sri. M.C. Chaturvedi, learned Addl. Chief Standing Counsel for the State and Sri Ashok Mohiley, learned Senior Advocate for Nagar Mahapalika Allahabad.
(3.) The brief facts necessary for adjudication of the present writ petition are that the petitioners No. 1 and 2 were originally appointed as peon in Nagar Mahapalika, Allahabad in the year 1977, later on petitioner No. 1 and petitioner No. 2 were appointed as Naib Moharrir by order dated 12.12.94 and 12.1.1985 respectively on ad-hoc basis till regular appointments to the said post are made, subsequently they were reverted to their substantive post. The recruitment to post of substantive vacancy of Naib Moharrir, started after inviting applications from the departmental candidates as well as from open market and the petitioner Nos. 1 and 2 amongst others were called for interview on 12.2.1986 and 30.12.1985 respectively. The petitioner appeared before the Selection Committee, duly constituted as per the provision of Section 107 (4) of U.P. Nagar Mahapalika 'Adhiniyam' (now U.P. Municipal Corporation Act), 1959, in short called 'Adhiniyam'. The said Committee was comprised of one Sri R.C. Sharma, Deputy Administrator, the Chairman of Mukhya Nagar Lekha Parikshak, Sri Ram Kumar Bajpai, Mukhya Nagar Lekha Parikshak and Sant Ram Gupta, Up-Nagar Adhikari. The relevant Section 107 (4) of the Adhiniyam and Rules 17, 18 and 19 of the Nagar Mahapalika Niyamawali, 1952 are reproduced as under- "107. Appointment of Post.--(1)................ .(2)....................(3).............. (4) The Selection Committee referred to in Sub-section (3) shall consist of the Mukhya Nagar Adhikari or his nominee, the Mukhya Nagar Lekha Parikshak and Head of the Department for which the appointment is to be made. The Mukhya Nagar Adhikari and, in his absence, the member designated by him for the purpose, shall be the Chairman of Selection Committee. "Provided that the Committee referred to above which may be substituted in connection with the appointments of officers and servants immediately subordinate to the Mukhya Nagar Adhikari or the Mukhya Nagar Lekha Parikshak, shall consist of the Mukhya Nagar Adhikari or the Mukhya Nagar Lekha Parikshak, as the case may be, as Chairman and two other officers of the Corporation who shall be nominated by the Executive Committee as member." "17. By direct recruitment.--Where appointment to a post under Sub-section (3) of Section 107 is to be made by direct recruitment, the Selection Committee constituted under Sub-section (4) of the said selection shall decide whether the selection shall be made by holding an interview, or a written examination or both." "18. (i) The Appointing Authority shall invite the names of candidates from the District Employment Exchange and affix on the notice-board of the Mahapalika, a notice specifying the details of the posts and the qualifications required for the posts and send one copy to each of the departments of the Mahapalika for the information of such servants who fulfil the qualifications required for the posts. A reasonable time-limit shall be fixed by the Appointing Authority for the receipt of names from the District Employment Exchange and the applications from the servants of the Mahapalika.; Where no name is forwarded by the District Employment Exchange or application received from any servant of the Mahapalika within the fixed time or if the number of names forwarded by the District Employment Exchange and the applications received from the servants of the Mahapalika is less than four times the number of vacancies notified, the Appointing Authority shall invite applications directly by advertisement in prominent daily newspapers including local newspapers, if any. The applications received, including the names forwarded by the District Employment Exchange, shall be scrutinised by the Appointing Authority and a list of the applicants qualified for the posts shall be prepared and placed before the Selection Committee along with the applications in original and the particulars sent by the District Employment Exchange. (ii) The applications shall be in the form prescribed by the Appointing Authority and obtainable from the Mukhya Nagar Adhikari. (iii) In case a written examination is to be held, the Selection Committee shall lay down the syllabus in consultation with the Appointing Authority who shall make all necessary arrangement for holding the examination." "19. After the selection has been made by the Committee, the Mukhya Nagar Adhikari or the Mukhya Nagar Lekha Parikshak, as the case , may be, shall make the appointment in accordance with the recommendations of the Committee.";