JUDGMENT

RAY, J. : — We allowed the Civil Appeal No. 3926 of 1986 and dismissed Civil Appeal No. 3797 of 1984 and Writ Petition No. 756 of 1986 filed by Dr. M. C. Bindal and Civil Appeal No. 3798 of 1984 filed by the State of Uttar Pradesh by our order dated December 19, 1986 and we indicated therein that the reasons for the above order would be given later on. Accordingly, we are giving the reasoned judgment hereinbelow.

2. The U. P. Public Service Commission made an advertisement in various newspapers on September 13, 1981 inviting applications for the post of Food and Drug Controller, U. P. The qualifications for this post stated in the said advertisement are set out hereunder :

"Necessary qualifications

(1) A degree from any recognised University in Medicine/ Science/Pharmaceutical Chemistry.

(2) Experience of 5 years in Drug Standardization and problems relating to controlling of Drug standards or drug manufacturing or drug testing in a renowned institution.

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3. Pursuant to the said advertisement Dr. M. C. Bindal, Dr. S. K. Majumdar, Shri Ram Chander Singh and others filed applications. The appellant Dr. Bindal stated in his application that he has seven years experience as per the advertisement. He also stated that he had three and a half years specific experience i.e. experience in the field of drug testing and four years other experience namely experience in the field of teaching pharma analysis including testing of transfusion fluids in the hospitals, pharmacy manufacturing units attached to LLRM Medical College, Meerut. It has also been stated that in the four years of teaching experience in addition to his teaching responsibility he also conducted the laboratories in which drug testing was carried out. Of the applicants, Dr. S. K. Majumdar was not called for interview.

4. The U. P. Public Service Commission after holding interview of the candidates recommended the following candidates for appointment to the post of Food and Drug Controller, U. P. :-

(a) In the main list ... Shri R. C. Singh

(b) In the Reserve List... Dr. M. C. Bindal (Prov.).

5. The Commission also recommended for relaxation of age of Shri R. C. Singh. The Commission also made it clear that "the word provisional denoted that the recommendation was subject to the petitioner meeting the necessary qualification -experience of 5 years - for the appointment to the office of the Drug Controller."

6. On December 5, 1982, the State of Uttar Pradesh intimated the Commission that the candidate Shri R. C. Singh did not appear to be suitable in view of the fact that there had been a vigilance enquiry against him. It was also pointed out in the said letter that the appointment of Shri R. C. Singh as Food and Drug Controller would not be in public interest. The State further pointed out that Dr. Bindal had the requisite experience of 5 years and he had also excellent academic and other qualifications.

7. In reply to the said letter sent by the Secretary, Medical and Health, U. P. Government, the U. P. Public Service Commission by its letter dated February 23, 1983 intimated to the State of U. P. that the right to appoint or not to appoint a candidate vested with the State of U. P. and it was -for the State Government to take a decision accordingly. On receipt of this letter the State Government appointed Dr. M. C. Bindal as Food and Drug Controller, U. P. by its letter dated April 6, 1983.

8. Thereafter two writ petitions were filed in the High Court at Allahabad, Lucknow Bench; one by Shri R. C. Singh and another by Dr. S. K. Majumdar challenging the appointment of Dr. M. C. Bindal on the ground that he had not the requisite experience as required for the said post of Food and Drug Controller, U. P. These writ petitions are Writ Petition No. 2451 of 1983 and Writ Petition No. 2155 of 1983. These were heard together and were allowed in part by a common judgment on December 22, 1983. The relevant portions of the findings are set out herein :-

"To sum