P. P. Gupta, J. - (1.) BY this petition the petitioner has prayed for the issue of a writ, order or direction in the nature of mandamus calling upon the respondents to make the appointment in accordance with the selection list published on 19-1-1990 and further not to implement or act upon the revised selection list published on 22-12-1990.
(2.) THE competitive examinations for combined services are held by the U.P. Public Service Commission (hereinafter referred to as the 'Commission') and from amongst the candidates selected in the said examinations posts are filled up in the State Government under three candidates, viz. 'Executive Group', 'Allied Group' and 'Accounts Group'. For the examination for combined State Services of 1988, notice was published in the news papers including the daily news paper 'Pioneer' of 25-8-1988. By this notice published, vide advertisement No. A-1/E-1 of 1988- 89, details of the examinations~to be conducted including the syllabus of the subjects in which the examinations were to be held and the vacancies available against the posts for which the examination was being held were also published. Genera! instructions were also given for the benefit of the candidates along with format of the application, in which the candidates were to apply for appearing in the examination, were also published. A bare perusal of the information published in the said advertisement under the head 'Rules and syllabus for the combined State Services Competitive Examinations, 1988' discloses that candidates opting to appear for the services falling in the category of Executive and/or Allied services were required to appear in four optional subjects and in four compulsory subjects (excluding elementary Mathematics). The candidates desirous in appearing for Accounts services/posts were required to appear in three optional subject and five compulsory subjects, which included Elementary Mathmatics. It was, therefore, clear from these rules that a candidate, who had not appeared in the examination for Elementary Mathematics, could not be considered for the selection in the Accounts services, Nevertheless, it was open to the candidates to appear in four optional subjects and in all the five compulsory subjects including the subject of Elementary Mathematics and thereby to keep their option open for Executive and Allied services as well as for Accounts services.
(3.) GENERAL Instruction No. 12 under the said advertisement was as follows :- "Candidates called for the interview on the basis of the result Of the written examination shall be required to indicate in writing their preference for various services on the day of the interview." The petitioner appeared in the said examination in three optional subjects only and also in all the compulsory subjects including the subject of Elementary Mathematics. Thus, his eligibility for consideration was confined to Accounts service only, as he had not appeared in the requisite four optional subjects.;