O.P.Garg, J. - (1.) The petitioners who are 18 in number in the present two writ petitions, alongwith others had appeared in regular selection for the recruitment to Class III post in the Judgeship of Fatehpur. The recruitment was held in accordance with the provisions of the Subordinate Civil Courts Ministerial Establishment Rules, 1947 (hereinafter referred to as the Rules of 1947) as well as the Rules for the Recruitment of Ministerial Staff to the Subordinate Offices, 1950. A select list of the approved candidates for the year 1991 was prepared and approved by the then District Judge on l9-1-1991. The names of all the 18 petitioners find place in the said approved list, a copy of which is Annexure-1 to the writ petitions. The candidates listed at S1. Nos. 1 to 16 have already been appointed against various vacancies which occurred in Fatehpur Judgeship and some of them have been transferred to other districts.
(2.) The case of the petitioners is that they have been offered temporary appointment on different dates in the year 1991 in leave vacancies and have worked from time to time, as and when vacancies arose, till November, 1994. Since then the petitioners are out of employment. It is alleged that a number of vacancies are in existence in Fatehpur Judgeship but the petitioners are not being appointed and instead a fresh recruitment has been notified. According to the petitioners, the life of the approved select list has been extended by the High Court which issued a circular letter on the administrative side on 28-7-1994, a copy of which is Annexure-6 to the writ petition. The said circular was however, later on, withdrawn by the High Court by its letter dated 24-8-1994, which is contained in Annexure-7 to the writ petition,
(3.) With regard to the appointment of the candidates appearing in the select list of the year 1991. District Judge, Fatehpur sought clarification/guidelines from the High Court by addressing letter dated 1-2-1995, a copy of which is Annexure-8 to the writ petition. A reply was sent on 7-6-1996 vide Annexure A-9, to the District Judge that the appointment be made in accordance with the guidelines issued by the High Court. In the letter dated 24th May, 1996, which is contained in Annexure-11 to the writ petition, it was also intimated to the District Judge by this Court, on its administrative side, that in view of the proposed amendment in the Rules of 1947, no recruitment to class I post shall be held by the District Judge. The petitioners, frustrated as they were, approached the Apex Court by filing Writ Petition (Civil) No. 827 of 1996, which was withdrawn on the ground that the petitioners would take recourse to the remedy under Article 226 of the Constitution of India.;