Judgment

AHMADI, J. :- Special leave granted.

2. Heard counsel on both sides. The facts giving rise to this appeal, briefly stated, are as under:

One Mr. Jaisani, a direct recruit, was holding the post of Assistant Director General (Prevention of Food Adulteration) in the Ministry of Health and Family Welfare of the Government of India. On his passing away sometime in July 1989, a vacancy arose which was required to be filled under the extant recruitment rules. The recruitment rules which were then in operation provided for the said post being filled in by direct recruitment only. A requisition was sent to the Union Public Service Commission (Commission hereafter) sometime in November, 1989 for selection of a candidate for filling in the vacancy in question.

3. However, before the Commission could advertise the post, the Union Government informed the Commission by letter dated December 29,1989 received by the Commission on January 1,1990 not to proceed with the process of selection because it was examining the question of opening up an avenue for promotion from Assistant Secretary to the post in question. Notwithstanding the said communication, the Commission advertised the post in Jan