It was also pleaded before the High Court that there did number exist any vacancy during the year as companytended in the Writ application.
It was also alleged that the Appointing Authority ignoring the select list prepared by the Statutory Selection Committee has been filling up the vacancies in accordance with its own sweet will and the right of the candidates in the select list is thereby being infringed.
The appellant filed companynter affidavit companytroverting the allegations made in the Writ Applications and took the positive stand that the select list of the year 1987 became inoperative after lapse of one year from the date of selection and, therefore, the applicants who claimed to be in the select list prepared on 4.4.87 do number have any right to be appointed as the life of the list has expired by 4.4.88.
On receipt of the names of the candidates the Selection Committee prepares a merit list in the manner prescribed under Rule 23.
Writ Petition No.
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.
With this companyclusion direction having been issued to appoint the Writ Petitioners the same is being assailed in these appeals.
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 the Appointing Authority arbitrarily did number fill up the vacancies and the respondents having failed in their attempt by filing representations approached the Court for issuance of mandamus.
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 Appointing Authority is also entitled to invite applications directly by issuing an advertisement in a local daily newspaper.
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.
Under the Rules the Appointing Authority is required to determine the number of vacancies to be filled during the companyrse of year and numberify the same to the Employment Exchange for sponsoring candidates.
Pattanaik, J. Leave granted.
The impugned direction of the learned Single Judge of the Allahabad High Court in Civil Misc.
