Irshad Ali, J. - (1.) Heard Sri L.P. Mishra, learned counsel for the petitioners and to Sri Kuldeep Pati Tripathi, learned Additional Advocate General for the State-respondents and Sri Ashok Shukla, learned counsel for the respondent-Commission.
(2.) Brief fact of the case is that 49 vacancies were requisitioned to the Commission for initiation of selection proceeding on the post of Sub Registrar and Auditor Panchayat. In pursuance thereof, an advertisement was issued inviting applications from the eligible and qualified candidates in the year 2001. The petitioners having eligibility criteria as prescribed under the advertisement applied for the post of Sub Registrar as well as on the post of Auditor Panchayat.
(3.) A selection proceeding was conducted and result of the same was declared by reducing the vacancies from 49 to 10. In the said selection, the petitioners were selected on the post of Auditor Panchayat and joined the post under bonafide belief that the vacancies have been reduced on genuine grounds. One Anoop Kumar Singh filed Writ Petition No.1697 (SB) of 2010 (Anoop Kumar Singh Vs. State of U.P. and others), wherein after exchange of affidavits, this Court passed a judgment with the following direction: "Resultantly, the writ petition is allowed in the following terms. 1. Since no other candidate, who participated in the selection/examination held pursuant to the advertisement issued in the month of February, 2001, has approached this Court, the directions which are being issued in this judgment and order shall be confined to the petitioner alone. 2. U.P. Public Service Commission shall consider the candidature of the petitioner for his selection to the post of Sub-Registrar in accordance with his merit on the basis of U.P. State Combined Subordinate Services Examination-2001 and in case based on his merit, the petitioner gets selected to the post of Sub-Registrar, recommendation to the State Government for his appointment shall be made by the Commission. 3. The recommendation which may be made by the Commission in respect of the petitioner's appointment to the post of Sub-Registrar shall thereafter be considered by the State Government in accordance with the law and in case the petitioner is found suitable and fit, he shall be appointed on the post of Sub-Registrar against an existing vacancy. However, in case at present no vacancy is available, he shall be appointed and adjusted against any other future vacancy which may occur. The aforesaid exercise shall be completed by the State Government and the Commission within a period of four months from the date of presentation of a certified copy of this order.";