Abdul Moin, J. - (1.) Heard Sri. Mohd. Mansoor, learned counsel for the petitioner, learned Standing counsel appearing for the respondent Nos. 1 and 2 and Sri. Ashok Shukla, learned counsel appearing for the respondent No. 3.
(2.) By means of the present petition, the petitioner has prayed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party Nos. 1 and 2 to issue an appointment letter in pursuance of recommendation of U.P Public Service Commission, Allahabad on the post of Statistician in Family Welfare Department forthwith and pay his salary with all consequential benefits. (ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite party Nos. 1 and 2 to adjust the petitioner anywhere in U.P by issuing appointment letter on the post of Statistician. (ii-A) Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 11.04.2018 (No. 540/five-9-2018- 5(3)/2014) passed by the Secretary, Medical,Health and Family Welfare, State of U.P by means of which recommendation of the Uttar Pradesh Public Services Commission in favour of the petitioner dated 07.05.2007 has been cancelled, contained as Annexure No. 12 to the writ petition. (II-B) Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 11.04.2018 (No. W-163/five-9- 2018-5(3)/2014) passed by the Secretary, Medical Health and Family Welfare, State of U.P by means of which representation of the petitioner has been rejected, contained as Annexure No. 13 to the writ petition. (iv) Issue any other order or direction which this Hon'ble Court deems just and proper in facts and circumstances of the case. (v) to allow the writ petition with cost in favour of the petitioner."
(3.) The case set forth by the petitioner is that an advertisement was published in June, 2006 for holding selection by Uttar Pradesh Public Service Commission (hereinafter referred to as "Commission") for one reserved post of "Statistician" in the Department of Medical Health and Family Welfare. Copy of the advertisement is Annexure 4 to the writ petition. In pursuance thereof, the petitioner finding himself eligible applied and through a notice dated 29.03.2007, the Commission found petitioner suitable for appointment and through an order dated 07.05.2007, a copy of which is Annexure 7 to the writ petition, he was recommended for appointment to the post of Statistician. However, no efforts were made by the respondents to appoint him on the post of Statistician. In the meanwhile, Writ Petition No. 490 (SB) of 2007 was filed in which an order dated 18.05.2007 was passed by this Court whereby this Court considering that there are only two sanctioned posts of Statistician in the cadre, therefore, there could not be any reservation for schedule caste for one post, directed that the vacancy in question shall not treated as reserved and may be re-advertised inviting applications from all candidates. The order dated 18.05.2007 has been quoted in paragraph 8 (b) of the short counter affidavit dated 26.04.2014 filed by the respondents. Subsequent thereto, the writ petition was dismissed as infructuous vide order dated 08.05.2013, a copy of which has been filed as Annexure 9 to the petition. Once the interim order passed by this Court stood merged with the final order i.e dismissal of the writ petition as infructuous, the petitioner preferred a representation dated 13.05.2013, copy of which is Annexure 10 to the writ petition staking his claim for being appointed in pursuance to the advertisement of June, 2006 and the order of the Commission dated 07.05.2007. The respondents also vide their earlier letter dated 01.08.2007, a copy of which is Annexure 11 to the petition on the basis of legal opinion had been of the view that the advertisement that had been published was perfectly in accordance with the rules and the relevant Government orders in this regard by which one post, in the cadre of two posts, had been reserved as per roster.;