(1) LEAVE granted.

(2) WE have heard the learned counsel for the appellant and the State. For the recruitment in the 15 posts of Treasury Officers-Accounts Officers in U.P. Finance and Accounts Services, Sales Tax Officers (6 posts) and Regional Audit Officers (4 posts) advertisement was made in 1988. Out of 15 posts in the Treasury Officers-Accounts Officers in U.P. Finance and Accounts Service, 4 posts were reserved for members of the Scheduled Castes. It would appear that as a result of competitive examination conducted by the PSC, the last candidate selected for these 4 posts was one Anil Kumar Rai who secured 361 marks in written examination and 39 marks in personality test out of 400 marks. The PSC had recommended the names of four candidates. As a result, the appellant and three others - one Balkesh Singh, Bali Ram Prasad, Amar Singh, who secured 347+53 (total 400 marks), 344+56 (total 400 marks), 360+39 (total 399 marks) and the appellant 351+48 (total 399 marks), could not be recommended, as there was no request by the government for putting them in the waiting list. Since they could not be appointed, the appellant had approached the High court for a writ of