JUDGMENT

G.N. RAY, J.—Gupta, Tripathi and Rizvi are working as Superintendent Engineers in the service of U.P. Jal Nigam. Gupta was selected for the post of Additional Chief Engineer, Level II by the Selection Committee in 1985 and his name was brought on the merit list. Unfortunately, he was not offered the appointment and in 1989 fresh selections were held by the Selection Committee. Tripathi and Rizvi were selected by the Selection Committee in the year 1989 whereas Gupta was not found fit by the Selection Committee on the basis of his service record. Tripathi and Rizvi were promoted to the post of Additional Chief Engineer as a result of their selection in the year 1989.

2. Gupta challenged the selection made in the year 1989 before the Lucknow Bench of the Allahabad High Court by way of a writ petition under Article 226 of the Constitution of India. The main ground of attack was that the Selection Committee was not validly constituted. Gupta also contended that before the fresh selection could be made in the year 1989 he was entitled to be appointed as Additional Chief Engineer on the basis of the merit list prepared in the year 1985 which was operating even in the year 1989. T