S.Rafat Alam and Sudhir Agarwal JJ. - (1.) 1. This intra Court appeal under the Rules of the Court arises from the judgment of the Hon'ble Single Judge dated 24.1.2003 allowing Civil Misc. Writ Petition No.38337 of 2000 of the petitioner-respondent (hereinafter referred to as the petitioner).
(2.) The facts, in brief, are that the U.P. Public Service Commission, Allahabad (hereinafter referred to as the "Commission") published an advertisement dated 1.1.1998 for recruitment to Combined State/Upper Subordinate Services Examination, 1998 consisting of 13 services, namely, Dy. Collector, Dy. Superintendent of Police, Assistant Regional Transport Officer, Trade Tax Officer, Additional District Development Officer, Assistant District Inspector of Schools/Basic Shiksha Adhikari and equivalent post, Treasury Officer/Account Officer, Executive Officer Gr.I/Assistant Nagar Vikas Adhikari, District Social Welfare Officer, District Audit Officer, District Saving Officer, Assistant Accounts Officer, Dy. Regional Marketing Officer and Trade Tax Officer-Grade-II. The preliminary examination was held on 24.5.1998. The petitioner qualified the same and thereafter appeared in the Main Examination consisting of written test as well as interview and the final result thereof was declared on 24.12.1998. The petitioner was not shown selected in the final result since the last candidate selected in General Category secured 1020 marks while the petitioner has secured 1017 marks only. The Commission sent its recommendations on 30.3.1999 to the State Government for appointment. Thereafter, the respective authorities issued letters of appointment to the selected candidates.
(3.) It appears when some candidates selected for different posts did not join, the State Government sent a letter dated 2.5.2000 to the Commission informing names of such seven candidates and requested to send seven more names from the waiting list. The Commission accordingly sent its recommendation dated 24.7.2000 forwarding seven more names from the waiting list and it appears that the said candidates thereafter were offered appointment to the respective services.;