Judgment

AHMADI, JJ.

( 1 ) SPECIAL leave granted.

( 2 ) THE Uttar Pradesh public service commission issued an Advertisement No. A-1/e-2/88-89 inviting applications for appearing at a competitive examination called the U. P. Nyayik Seva (Munsif) Examination, 1988 for selection of candidates for appointment to the said post. The total number of vacancies available at that date was 50. The qualification for appearing at the examination was that the candidate must possess on the last date fixed for receipt of applications a degree of Bachelor of Laws of a University established by law in Uttar Pradesh or any other University of India recognised for this purpose by the governor which entitles him to practice in courts of law or be an Advocate, Vakil or Pleader on the roll of or be entitled to practice in the High court of Judicature at Allahabad or courts Subordinate thereto, etc. It was further required that the application shall be accompanied by an attested copy of High School and Intermediate Certificates, Bachelor Degree and Law Degree Examination Certificates and mark sheets of each examination. The last date for receipt of the applications was stated in para 2 of the advertisement to be 20/08/1988. On a plain reading of the advertisement it becomes clear that the candidate applying in pursuance of the advertisement had to possess a Degree of Bachelor of Laws on the last date fixed for receipt of applications, such date in the instant case being 20/08/1988. Not only that, but it was further provided that the applications shall be accompanied by an attested copy, inter alia of the Law Degree Examination Certificate and mark sheet of such examination. This requirement could never have been fulfilled by those who had not passed the examination by 20/08/1988. Admittedly, the respondent herein had appeared at the law degree examination, the result whereof had not been declared till 20/08/1988. As per the advertisement, her application was, therefore, liable to be rejected. It is an undisputed fact that she had applied in pursuance of the advertisement even though she had not passed the law degree examination till 20/08/1988. She had mentioned in the application that she had appeared for the law degree examination and was awaiting her result. In the meantime, she successfully cleared the law degree examination, the result whereof was declared some time thereafter in October 1988. Aware of this position, the public service commission allowed her to appear at the examination held on 3rd, 4th and 5/05/1990 and on her successfully clearing the written examination she expected a call for the interview. As she did not receive the call she made inquiries and learnt that Public Service Commission have taken the view that since she had not passed the law degree examination on or before 20/08/1988 she was not eligible to be selected for appointment to the post in question. Thereupon, she approached the High court by way of a Writ Petition No. 18918 of 1991 which was allowed bythe order dated 12/07/1991 whereby the public service commission was directed to call her for interview to be held on 15th and 16th of July, 1991. The court, however, stated that the public service commission should a withhold the result until further orders. Pursuant to the said order she was interviewed and the result was kept in abeyance. Thereafter, on 17/03/1993 the High court finally disposed of the matter by directing the public service commission to declare her result and if successful to forward her name to the State government for appointment within a month from the date of presentation of the certified copy of the High court order. A further direction was given that in the event there was no post available a supernumerary post should be created for her and appointment made thereon. It is this order of the High court which is challenged in this appeal by special leave.

( 3 ) AS already pointed out, on a plain reading of the advertisement pursuant to which she ha