D.P.Singh, J. - (1.) Pleadings are complete and the counsels for the parties agree that the petition may be finally disposed off under the Rules of the Court.
(2.) In pursuance of an advertisement, the petitioner applied in Subordinates Service Examination, 1995 held by Uttar Pradesh Subordinates Selection Commission (here-in-after referred to as Commission). The said examination was held for nine posts and the candidates were to give three preferences wherein the petitioner gave his preference to the post of Deputy Jailor, Naib Tehsildar and Assistant Consolidation Officer, in that order. The results of the examination were declared on 19.3.1997 and in consonance with the marks obtained by the petitioner, he was recommended by the Commission for appointment to the post of Deputy Jailor, However, during the medical examination, the petitioner was found lacking in height, therefore, vide letter dated 9.7.1997. the Additional Inspector General (Prison) informed the Commission and the petitioner that he could not be appointed due to the aforesaid reason and returned the papers to the Commission. Before the Commission could recommend his name for the next post for which he was qualified, viz. Assistant Consolidation Officer, the Commission itself was abolished with effect from 28.12.1997 vide U.P. Ordinance no. 16 of 1997 (which later became an Act). Though 291 persons had been recommended for the post of Assistant Consolidation Officer but at least 42 out of the aforesaid recommendees, did not report for joining and thus, the petitioner had been making several representations to the Administrator appointed to look after the work of the Commission and also to the State Government, but in vain. As his case was not being considered, having no other avenue left, he filed this petition under Article 226 of the Constitution of India, originally for a writ of mandamus to direct the respondents to consider his case for appointment on the post of Assistant Consolidation Officer.
(3.) This petition was taken up by the court on 22.5.2000 when the Standing Counsel was granted time for filing counter affidavit and it was directed to come up alongwith the connected writ petition No. 20807 of 2000 (J.S. Jha v. State). The court further directed the respondents to decide the representation of the petitioner which was pending with them. A counter affidavit has been filed annexing therein a copy of order dated 27.9.2002 passed in pursuance of the order of this Court dated 22.5.2000, rejecting the representation of the petitioner on two grounds. Firstly, since the Commission has been dissolved and the Act repealed, no further action could be taken as there was no recommending body and, secondly, that validity of the merit/waiting list was only one year and which period has long expired, therefore, the applicant could not be appointed. This very objection has also been taken in the counter affidavit. After filing of the counter affidavit, an amendment application challenging the order dated 27.9.2002 has been filed which has been allowed.;