- (1.) OM Prakash, J. This petition raises a short but very interesting question whether 97 posts belonging to the cadre of the Sales Tax Officers, Grade II (for short, the cadre of STOs)-now Trade Tax Officers-in the State of U. P. were available for being filled up in May/june, 1988, when written examination was conducted by the U. P. Public Service Commission ('commission' hereafter), result of which was declared on 10-5-1990 for filling up 50 posts of the said cardre (originally advertised only 33 vacancies ).
(2.) THE State Government sent an intimation to the Commission for filling up 33 vacancies pertaining to the cadre of STOs vide letter dated 28-8-j 84 which were later increased to 50. No exclusive examination was held for filling up such vacancies and the Commission held a combined for Upper Subordinate Services including the posts of the cadre of STOs. THE Commission, therefore, caused an advertisement to be made in December, 1985 for holding the combined Upper Subordinate Service Examination which, inter alia, included the vacancies of the cadre of STOs. Pursuant to the said advertisement, written examination was held in May/june, 1988 and the result was declared on 10-5-1990. THE petitioner appeared in the said examination in connection with the vacancies of STOs THEy were interviewed but failed. Some developments took place before the declaration of the result of the combined Upper Subordinace Examination, 1985-86, detailed account of which is essential to appreciate the case of the petitioners. The case of the petitioners as stated in para 5 of the writ petition is that about 147 posts of STOs got accumulated but as against that big number of vacancies, the State Government sent an intimation to the Commission to fill up 33 vacancies only, which were later increased to 50. It is contended that the remaining 97 posts had been filled up by the State Government the departmental candidates in utter disregard of the rules on ad hoc basis and, therefore, those posts continued to be available in the year 1988, when the examination was held by the Commission and that being so the petitioners seek writ of mandamus directing the respon dents to fill those 97 posts from amongst the candidates, who appeared in the written examination, held in 1988. It is averred by the petitioners that these 97 posts could be filled up only through direct recruitment by the Commission and that it was open to the State Government to make ad hoc appointments on such posts under certain administrative exigencies, but the State Government is not at all competent to fill up such posts substantively.
(3.) NO counter-affidavit has been file i by the Commission, respondent On behalf of respondents NO. 1 and 2, a counter-affidavit was filed and later a detailed supplementary counter-affidavit was also filed on their behalf annexing the entire correspondence exchanged between the Sales Tax Department and the Commission for filling up a large number of vacancies. Annexure 'a' to the supplementary counter- affidavit is a letter dated 11-10-1982 which was sent by the Commissioner, Sales Tax U P. Lucknow (respondent NO. 2) to the Joint Secretary of the Commission. In this letter, the Commissioner regrettably stated that as against the requisitions dated 25-9-1978 and 9-12-1981 for filling up 75 and 115 vacancies respectively, i. e. 190 vacancies (75 + 115), the Commission assured to make 150 selected candidates available, that on such assurance, the Department sent a requisition for 40 vacancies representing the difference of 190 and 150, in addition to that 28 vacancies arose after December, 1981 and thus a requisition of 68 vacancies (40+28) was sent to the Commission vide letter dated 16-9-1982, but the Commission made available only a select list of 75 candidates on 6-9-1982. In this letter total vacancies were worked out at 218 (75 + 115+28 ). Of these vacancies, the commission made a select list of 75 candidates available through the examination of 1988 and thus leaving behind the back log of 143 vacancies (218-75 ). The Commissioner emphasising the urgency requested the Commission to fill up the back log of 143 posts through emergency recruitment examination. The Commissioner again sent a D. O. letter of October 16, (Annexure 'b' to the supplementary-counter affidavit) to the Chairman of the Commission stating inter alia : (1) ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The total November of vacancies (after taking into account the 75 selected candidates) of Sales Tax Officer-Gr. 2 are therefore 218-75 = 143. A revised requisition for these 143 vacancies has been sent to the Secretary, UPPSC vide this office letter No. Stha-2 General-144-4571/dated 11-10-1982. It may perhaps not be possible for the Commission to select 143 candidates for post of Sales Sax Officer Gr. 2 in the normal course expediously. My anxiety is that if this time also too much time is taken at the end of Commission in making selection, our entire drive for liquidating arrears of work and for boosing up revenue will be in Jeopardy. I would, there fore request that for filling up the big gap created by the above mentioned shortage of 143 officers, an emergency selection may kindly be held by the Commission. ";