The last date for receipt of the applications was stated in para 2 of the advertisement to be August 20, 1988.
The last date for submission of applications was July 15, 1982.
As she did number receive the call she made inquiries and learnt that Public Service Commission have taken the view that since she had number passed the law degree examination on or before August 20, 1988 she was number eligible to be selected for appointment to the post in question.
Pursuant to the said order she was interviewed and the result was kept in abeyance.
Thereupon, she approached the High Court by way of a Writ Petition No.
Admittedly, she did number companyply with this requirement and had stated in her application that on the last date fixed for receipt of the applications, i.e. August 20, 1988, she did number possess the degree of Bachelor of Laws, but that she had appeared at such examination and was awaiting the result.
18918 of 1991 which was allowed by the order dated July 12, 1991 whereby the Public Service Commission was directed to call her for interview to be held on 15th and 16th of July, 1991.
Both the appellants as well as the companytesting respondents had, admittedly, submitted their applications before the last date.
The result was declared sometime in October 1988.
It is this order of the High Court which is challenged in this appeal by special leave.
The total number of vacancies available at that date was 50.
The facts of this case reveal that the respondent was number qualified to apply since the last date fixed for receipt of applications was August 20, 1988.
Pursuant to this decision such candidates were examined and selected on merits and were ultimately appointed.
The appellants had appeared for the B.E. Civil Examination and were awaiting the result which was published on August 20, 1982.
This requirement companyld never have been fulfilled by those who had number passed the examination by August 20, 1988.
In the meantime, she successfully cleared the law degree examination, the result whereof was declared some time thereafter in October 1988.
Not only that, but it was further provided that the applications shall be accompanied by an attested companyy, inter alia of the Law Degree Examination Certificate and mark sheet of such examination.
It is an undisputed fact that she had applied in pursuance of the advertisement even though she had number passed the law degree examination till August 20, 1988.
Aware of this position, the Public Service Commission allowed her to appear at the examination held on 3rd, 4th and 5th May 1990 and on her successfully clearing the written examination she expected a call for the interview.
Admittedly, the respondent herein had appeared at the law degree examination, the result whereof had number been declared till August 20, 1988.
A 1/E 2/88 89 inviting applications for appearing at a companypetitive examination called the U.P. Nyayik Seva Munsif Examination, 1988 for selection of candidates for appointment to the said post.
By the final order the High Court number only directed the Public Service Commission to declare the result but further directed that her name should be forwarded to the Government for appointment and the Government should, if necessary, create a supernumerary post and appoint her thereon.
She had mentioned in the application that she had appeared for the law degree examination and was awaiting her result.
Thereafter, on March 17, 1993 the High Court finally disposed of the matter by directing the Public Service Commission to declare her result and if successful to forward her name to the State Government for appointment within a month from the date of presentation of the certified companyy of the High Court order.
The Court, however, stated that the Public Service Commission should withhold the result until further orders.
On a plain reading of the advertisement it becomes clear that the candidate applying in pursuance of the advertisement had to possess a Degree of Bachelor of Laws on the last date fixed for receipt of applications, such date in the instant case being August 20, 1988.
The Judgment of the Court was delivered by AHMADI, J. Special leave granted.
A candidate who had number passed the law degree examination before August 20, 1988 would obviously number be in a position to companyply with this requirement.
It was only when they were granted seniority over others that the latter challenged their appointments after a long lapse of time.
On merits they were placed senior to the respondents whereupon the respondents challenged their appointments on the plea that they were number qualified to apply.
As per the advertisement, her application was, therefore, liable to be rejected.
She was also permitted to appear at the written test held by the Public Service Commission but as she did number receive any intimation in regard to the oral test she moved the High Court by way of writ petition and obtained an interim order directing the Public Service Commission to interview her at the interviews to be held on 15th and 16th of July 1991.
As already pointed out, on a plain reading of the advertisement pursuant to which she had made the application, it is obvious that she was required to possess the degree of Bachelor of Laws on the last date fixed for receipt of applications which was August 20, 1988.
It was further required that the application shall be accompanied by an attested companyy of High School and Intermediate Certificates, Bachelor Degree and Law Degree Examination Certificates and mark sheets of each examination.
Interviews were thereafter held and the appellants were declared selected on April 21, 1983 and they were duly appointed as Junior Engineers.
In obedience to that order the Public Service Commission interviewed her, but kept her result in abeyance, which was declared after the writ petition was finally disposed of by the impugned order of March 17, 1993.
This decision was number challenged and its validity was number required to be gone into.
The qualification for appearing at the examination was that the candidate must possess on the last date fixed for receipt of applications a degree of Bachelor of Laws of a University established by law in Uttar Pradesh or any other University of India recognised for this purpose by the Governor which entitles him to practice in companyrts of law or be an Advocate, Vakil or Pleader on the roll of or be entitled to practice in the High Court of Judicature at Allahabad or Courts Subordinate thereto, etc.
A further direction was given that in the event there was numberpost available a supernumerary post should be created for her and appointment made thereon.
The Uttar Pradesh Public Service Commission issued an Advertisement No.
The challenge came to be spurned by two separate judgments rendered by Single Judges of the High Court on the ground that the same was barred by laches and in any event what had happened was that the selection process was made broad based.
