JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. This appeal is directed against a judgment and order dated 1.02.2005 passed by a Division Bench of the Allahabad High Court whereby and whereunder an order dated 1.12.2004 passed by a learned Single Judge of the said Court was modified as also the order dated 3.1.2006 passed by a learned Single Judge of the said High Court dismissing the review application filed by the appellant herein.

3. The basic fact of the matter is not in dispute. An advertisement was issued by the Chief General Manager, U.P. (W), Telecom Circle, Dehradun for recruitment to the post of Telecom Technical Assistants (General Central Services) Group ‘C’ non-gazetted, non-ministerial in the office of Telecom District Manager, Pilibhit. In the said advertisement, it was specified that there exists five vacancies for the post of General Category candidates, two reserved for the candidates belonging to Other Backward Classes and one for the Scheduled Caste candidates. Indisputably, pursuant to the said advertisement a large number of applications were filed. A Selection Committee was constituted which prepared a select list. It is also beyond any doubt or dispute that names of the appellants herein were placed in the waitlist.

Results were published on 8.8.2002 which is in the following terms :

“Sl. Roll No. Name Date of Caste Total Roster No. Birth

1 14-035 Alok Kumar Rathor 05.07.78 OBC 724 Gen.

2 14-063 Ravi Kumar 16.07.74 SC 659 Gen.

3 14-008 Pradeep Kumar 05.01.76 OBC 650 Gen.

4 14-059 Sanjay Kumar 01.01.78 OBC 645 OBC

5 14-004 Chandra Pal Singh 12.05.78 SC 611 SC

6 14-129 Amit Vaish 16.07.74 OC 611 Gen.

7 14-058 Kamlesh Kumar Maurya 02.07.80 OBC 608 Gen.

8 14-112 Prem Pal 02.01.79 OBC 600 OBC

9 14-085 Abhisek Shukla 01.08.79 OC 596 Gen.

10 14-151 Jitendra Pal Gangwar 21.04.79 OBC 589 SC”

It is furthermore not in dispute that Shri Pradeep Kumar and Shri Kamlesh Kumar Maurya, whose names appear at Serial No.3 and 7 at the said select list did not join their posts. First respondent belongs to General Category candidate whereas the second respondent belongs to Scheduled Castes category candidate.

The selected candidates were sent for training for a period of two months. They had, however, been given placement orders only on 29.8.2003. Having come to learn that two of the select list candidates had not joined, appellants made representations on or about 12.9.2003 and 20.9.2003 respectively. The said representations were, however, rejected only on the premise that there was no provision in the Recruitment Rules for maintaining such a waitlist.

4. Appellants filed a writ petition before the Allahabad High Court praying, inter alia, for the following reliefs :

“Issue a writ, order or direction in the nature of certiorari quashing the impugned letter dated 24.11.2003, issued by the Respondents. (Annexure-7)

Issue a writ, order or direction in the nature of mandamus directing the Respondents to issue appointment letters to the Petitioners, in the light of the result declared by the respondents.”

5. In the affidavit filed on behalf of the appellant herein and affirmed by one Shri B.S. Bhandari, it was averred :

“That in reply to the contents of para 10, 11 and 12 of the writ petition, it is stated that there is no provision of waiting list by the department.”

6. By reason of a judgment and order dated 1.12.2004, a learned Single Judge of the High Court noticed that most of the averments made in the writ petition had not been traversed and, thus, the same would be deemed to have been admitted. The writ petition was, therefore, allowed, directing :

“In the result, the writ petition stands allowed. The order dated 26.9.2003/24.11.2003 passed on the representation of the petitioner, is quashed. The petitioners would be entitled to be given appointment on the post of Telecom Technical Assistants under Telecom District Manager, Pilibhit in pursuance to the select list dated 05.08.2002. There will be no order as to cost.”