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2004 Supreme(SC) 202

DORAISWAMY RAJU, ARIJIT PASAYAT
Sheo Shyams – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. These appeals are directed against the judgment of the Allahabad High Court rejecting writ petitions filed by the appellants. The only question which falls for consideration in these appeals is the date from which the period of validity of the waiting list is to be reckoned. According to the Union Public Service Commission (hereinafter referred to as the Commission ) it is from the first date on which the recommendation was made by the Commission. The appellants took the stand that the recommendations were done piece-meal, and therefore, it has to be from the date on which the last recommendation was made. The State of U.P. endorses the stand of the appellants. It has to be noted that there is no statutory rule governing the situation.

3. Background facts are as follows :-

The Commission issued an advertisement for filling up 218 posts of Assistant Prosecuting Officer (in short the APO ). The appellants applied for appointment. On the basis of recommendations made by the Commission, appointments were made by the State Government in instalments since the Commission itself appears to have been sending proposals also in instalments, after du























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