JUDGMENT

Kapadia, J.-The short question which arises for determination in this appeal is:

"Whether the High Court was justified in law in giving direction to the appellant to fill up the vacancies which remained unfilled due to candidates not turning up to join the post?"

FACTS :

2. By Employment Notice No. 3/86 advertisement was issued on 15th December, 1986 whereby 100 vacant posts of Operators and 70 vacant posts of Assistant Operators were notified for appointment. In the said advertisement the qualification prescribed for the post of operator was diploma in Electrical and Mechanical Engineering having at least 70% marks. A written test was held by the Bihar State Electricity Board for selection of candidates on 29.11.1987. The oral interviews were held on 27-28th August, 1988. Some Assistant Operators of Bihar State Electricity Board (Appellant herein) filed a writ petition in the High Court bearing CWJC No. 6352/88 challenging the proposed direct recruitment in the posts of Operators as contrary to the Standing Orders. This petition was admitted on 18.11.1989 but dismissed on 19.4.1991. However, during the pendency of the said writ petition a Committee was constituted by the appe