ORDER

1. Special leave granted.

2. The respondents 4 and 5 Dr B.N. Singh and Dr S.N. Pandeya were appointed in 1982 and 1983 respectively as Professors of Medicine on ad hoc basis in King Georges Medical College, Lucknow. This College was under the management of the Lucknow University. In December 1984, the post of Professor of Medicine was advertised to fill in the vacancy of the year 1982-83 on a regular basis by the direct selection. The appellant as well as the aforesaid two respondents and one Dr S.S. Aggarwal were amongst those who applied for the said post. In the meantime the appellant Dr A.R. Sircar was also appointed as a Professor of Medicine in the said college on ad hoc basis w.e.f. April 2, 1985. Pursuant to the advertisement issued in December 1984 interviews were held on February 24, 1986. It will thus appear that at the date of the interview the appellant as well as respondents 4 and 5 were serving as Professors of Medicine in the college on ad hoc basis. After the interviews were completed the result disclosed that Dr S.S. Aggarwal was placed at serial No. 1 and the appellant Dr A.R. Sircar at the serial No. 2 on the select list. Respondents 4 and 5 were not selected. Before appointments could issue on the basis of the said selection, the aforesaid two respondents and others filed a Writ Petition No. 1545 of 1986 challenging the selection list prepared pursuant to the interviews and sought an interim order against the implementation thereof. An interim order staying the implementation of the select list was granted by the High Court. Consequently the appointment of Dr Aggarwal or the appellant could not take place. Subsequently in October 1986 one Dr Bhatia was appointed as Professor of Medicine in the said college in the promotees quota in the vacancy of 1982-83 which was to be filled by a direct recruit. That was because the implementation of the select list had been stayed by the High Court and no other direct recruit could be appointed to the said post. It may also be mentioned that the appellant was not impleaded as a respondent in Writ Petition No. 1545 of 1986 wherein the interim stay against the implementation of the select list was granted. The appellant, therefore, made an application in September 1988 for being impleaded as a party and for vacation of the stay order. While that application was pending, by notification rules for regularisation of ad hoc promotees came to be issued. Soon thereafter Writ Petition No. 1548 of 1986 was dismissed on July 24, 1989. On August 14, 1989 the appellant moved an application in the said writ petition for a direction to the authorities to implement the select list. The High Court directed that Dr S.S. Aggarwal be offered an appointment and if he refuses the same, it should be offered to the appellant Dr A.R. Sircar. As the matter was being delayed for one reason or the other, the appellant applied to the High Court for appropriate directions, whereupon the High Court ordered that since Dr S.S. Aggarwal had not joined within the stipulated time, an order appointing the appellant who was No. 2 on the select list should issue within a weeks time. Thereupon an appointment latter dated October 31, 1989 was issued appointing the appellant as Professor of Medicine on the basis of his selection made on February 24, 1986 in the vacancy of 1982-83 meant for direct recruits. In the meantime certain other developments had taken place. Respondents 4 and 5 filed a Writ Petition No. 8424 of 1989 for a direction to the State Government for regularising their services under U.P. Regularisation of Ad Hoc Promotions (on the posts within the purview of the PSC) Rules, 1988 and for staying the implementation of the select list. In that petition the High Court ordered that the question of regularisation of the said respondents herein should be considered by the State Government and in the meanwhile any appointment made by virtue of the selection made on February 24, 1986shall be treated