Hon'ble Judges/Coram:
K. Ramaswamy and G.B. Pattanaik

ORDER

G.B. Pattanaik, J.

1. Leave granted.

2. The impugned direction of the learned Single Judge of the Allahabad High Court in Civil Misc. Writ Petition No. 25696 of 1990 is being challenged in the first case and a similar direction of a learned Single Judge of Allahabad High Court dated 2.4.1993 passed in Civil Misc. Writ Petition No. 28719 of 1992 following the earlier judgment is being assailed in the second case. The question of law involved in both these appeals is one and the same, namely, is the High Court justified in issuing a mandamus to the appellant to make recruitment of the respondents who were in the Select List of the year 1987 even after the expiry of the said list, the list under the Recruitment Rules having the force only for a period of one year from the date of selection.

3. The Recruitment/selection to the posts in class III and class IV is made under a Statutory Rule called the Subordinate Officers Clerical staff (Direct Recruitment) Rules, 1985 (hereinafter referred to as "Recruitment Rules"). Under the Rules the Appointing Authority is required to determine the number of vacancies to be filled during the course of year and notify the same to the Employment Exchange for sponsoring candidates. The Appointing Authority is also entitled to invite applications directly by issuing an advertisement in a local daily newspaper. On receipt of the names of the candidates the Selection Committee prepares a merit list in the manner prescribed under Rule 23. The Selection Committee then forwards the list thus prepared to the Appointing Authority under Rule 26 mentioning the aggregate marks obtained at the selection by each candidate. The names of the candidates are arranged by the Appointing Authority in accordance with the merit of the candidates and thereafter the appointments are offered in the order in which the names are arranged.

4. The respondents approached the High Court alleging, inter alia, that though there existed vacancies during the year 1987 and the select list was prepared on 4.4.87 but ........