- (1.) This writ petition was filed claiming issuance of appointment letters to the Petitioners being in the select list finalised on 31.5.1989.
(2.) The case as made out in the writ petition, inter alia, is that against an advertisement inviting applications for filling up posts of conductors, Petitioners " applied whereupon tests were held on 16.4.1989 and interview was held during the period from 22.5.1989 to 25.5.1989. A select list/panel was finalised by the Selection Committee on 31.5.1989. There were 228 candidates in general category and 174'candidates in the reserved categories in the said list. Petitioners were at serial Nos. 201, 208, 212, 213, 217, 220 and 227. Appointment letters were issued to some selected candidates and 178 candidates were appointed in general category and 173 from the reserved categories which included 60 against backward castes. 102 against scheduled castes/scheduled tribes and 12 against freedom fighters quota. Petitioners contend that although they were placed in the select list, compiled with formalities Including deposit of security money of Rs. 1.000 and undergoing training of one week, they have not been appointed.
(3.) The Respondents contested the proceeding filing counter-affidavit and a supplementary counter-affidavit. The main contentions in the counter-affidavit against the Petitioners' claim are that the select list of 402 candidates was published on 30.5.1989 which included 228 candidates in general category, 60 backward castes, 102 scheduled castes. 4 scheduled tribes, two disabled persons, one dependant of ex-service man and 5 dependants of freedom fighters. 178 candidates were appointed from general category, 59 from backward castes, 102 from Scheduled castes. 4 from scheduled tribes, two from disabled persons, one from dependants of ex-service man and 5 from dependants of freedom fighters. As Petitioners No. 1 to 7 were at serial numbers after 201 in the general category they could not be given appointment as candidates from serial Nos. 1 to 178 had been taken. Though Petitioners along with other candidates were given short-term appointments on daily wages upto 31.12.1989, no further appointment could be given as ban was imposed. The Respondents contended that Petitioners' turn did not come up so long appointments were being given from the select list and thereafter the ban having been imposed, no further appointment could be given. The Respondents denied that the Petitioners have any right to get appointment by reason of their being included in the select list.;