- (1.) This Special Appeal has been filed by four appellants who were not party to the writ proceedings. On an application made by them for leave to file the Special Appeal a Division Bench of this Court vide order dated 13.03.2007 granted the said permission and after hearing the parties the appeal was admitted and was directed to be listed for hearing. Accordingly the Special Appeal has been placed before us for final hearing.
(2.) This Special Appeal is directed against the judgment and order of the Hon ble Single Judge dated 23.03.2004 passed in Civil Misc. Writ Petition No. 38335 of 1999 connected with Writ Petition No. 8146 of 1994.
(3.) The facts relevant for deciding the Special Appeal are as follows: An advertisement was published by the Public Service Commission on 26.12.1987 for the post of Upper Division Assistant in the U.P. Secretariat. The total number of vacancies so advertised were subsequently increased to 167 as per the letter of the State Government dated 19.12.1988. The vacancies were also bifurcated and ear-marked for various categories. There is no dispute in that regard. The written examination in respect of the said advertisement took place in the year 1989 and the select list was notified by the Commission after the said examinations containing name of 149 persons.;