Dr. D.Y. Chandrachud, C.J. - (1.) THE special appeal has arisen from a judgment and order of the learned Single Judge dated 29 September 2015 by which a writ petition filed by the appellant was dismissed.
(2.) AN advertisement was issued inviting applications for appointment on fifty posts of Gram Vikas Adhikari for Faizabad district. In pursuance of the advertisement, a written examination was held on 13 December 1998, the result of which was declared in February 1999. Interviews were held on 7 -8 March 1999. The results so declared contained roll numbers of twenty five candidates belonging to the general category. Six candidates of the general category were placed in the waiting list. Thirteen candidates belonging to the Other Backward Classes were selected while three candidates were placed in the waiting list. Eleven candidates from the Scheduled Castes and one from the Scheduled Tribes were selected. The appellant appeared in the examination and was placed at serial number two in the waiting list for the general category. In pursuance of a direction which was issued on 20 July 1999 by the Commissioner, Rural Development, fifty candidates comprised from all categories were assigned for pre -appointment training of a duration of fifteen days with the Regional Rural Development Institute, Pratapgarh. One candidate who was placed at serial number twenty one among the twenty five selected candidates from the general category did not report for training. Accordingly, on 28 June 2001, a communication was issued from the office of the Chief Development Officer, Faizabad to the wait listed candidate at serial number one of the general category to join the post which had fallen vacant, and to report for training. The said candidate did not report for training upon which the authorities decided to fill up the vacant post by offering it to the candidate at serial number two of the waiting list prepared for the general category candidates. A direction was issued from the office of the Commissioner, Rural Development on 20 September 2001 in pursuance of which an order of appointment was issued to the appellant on 26 September 2001.
(3.) ON 15 November 1999, a Government Order was issued by the State by which the procedure to prepare a waiting list was abrogated. Subsequently, on 30 June 2000, a Government Order was issued specifically for the purpose of dealing with appointments on the post of Gram Vikas Adhikari which stipulated that the provisions contained in the Government Order dated 15 November 1999 shall not be applicable to such selections in which the results of selection had been declared and recommendations were made available to the concerned departments prior to the issuance of the Government Order.;