NARAYAN SHUKLA, J. - (1.) THE petitioners have prayed for issue a writ of mandamus directing the opposite parties to give effect to the select list prepared by the Selection Committee for making appointment of the petitioners to the post of Instructor Electroplater without any delay.
(2.) THE brief facts of the case are that the petitioners have completed two years course from the Industrial Training Institute, Lucknow in Electroplater Trade and being eligible for appointment on the post of Instructor Electrop later, they submitted an application in pursuance of an advertisement No. 3/94-99, issued in the Employment Newspaper, in the last week of March, 1995. They were issued letters to participate in the selection process and; accordingly, they have participated also. The result of the selection was notified on 8th March, 1996, in which the petitioners' name were shown at Serial Nos. 1 and 2, respectively. The select list has been brought on record, as Annexure No. 8 to the writ petition. Despite the publication of selection list, when they were not given appointment, they submitted several representations to the authority concerned, but all in vain. The petitioners further submit that respondent No. 2 has already issued an appointment letter to one Shri Pancham, whose name stands at Serial No. 4, in the select list while no appointment letters were issued to the petitioners and, accordingly, they submit that the respondents have adopted pick and choose policy by their discriminatory action, which is illegal and is not sustainable in the eyes of law.
(3.) THROUGH the counter affidavit, it has been submitted that in the Industrial Training Institute, the State of U.P., by way of a Government Order dated 27.3.1995, 2284 seats have been reduced, on account of which, four posts of Instructors-in-Electroplater Trade, have been abolished. The Subordinate Selection Board was also intimated for the same. Accordingly, they submit that the intimation for appointment of posts was already received in the Commission, in the month of December, 1995, but in spite of having information, the Commission proceeded for interview in the month of February, 1996, which is illegal since the posts are not available, no appointment cotild be made from the select list. For giving appointment to Shri Pancham, one of the selected candidates, the respondents submit that Shri Pancham belongs to Scheduled Castes category and since the quota of Scheduled Castes category was not fulfilled, he has been given appointment.;