IMPORTANT POINT
The wait list period is one year and it will commence from the date of first recommendation.

JUDGMENT

R. Subhash Reddy, J.

1. We have heard Sh. Rajiv Yadav, learned counsel for appellant and Sh. Alok Singh, learned counsel for respondents.

2. This appeal is filed by the Uttar Pradesh Public Service Commission, aggrieved by the judgment and order dated 18.05.2018 passed by the High Court of Allahabad in Writ Petition No.10180 of 2014. Necessary facts in brief for disposal of this appeal are as under:

3. U.P. Subordinate Service Selection Commission had initiated the process for selection of 178 posts of Sub Deputy Inspector of Schools. The said Commission advertised by issuing advertisement dated 04.08.2006 in various newspapers for selecting the candidates.

4. After initiating the process of selection, U.P. Subordinate Service Selection Commission was dissolved by the order of the State Government, and the said process was entrusted to the appellant, U.P. Public Service Commission. After completing the selection process, the results were declared on 06.05.2010 and recommendations were made by the appellant Commission to State Government in respect of selected candidates by various letters in following manner:

Sl. No.	Date	Letter No.	No. of Posts
1.	12-8-2010	26/3/E-3/2007-2008	0156
2.	9-5-2011	26/3/E-3/2007-2008	08
3.	4-5-2012	26/3/E-3/2007-2008	011
4.	28-8-2012	26/11/E-3/2007-2008	01

5. Altogether recommendations were made to fill up 176 vacancies. As evident from the counter affidavit, filed before the High Court, two posts were not filled, in view of directions issued by the High Court in Writ Petition No.32960 of 2010. After receipt of recommendation for 176 candidates, the State Government issued appointment letters to them, but 7 out of them did not join. Therefore, their candidature was cancelled by order dated 18.04.2013.

6. By letter dated 30.04.2013, Director of Education (Basic) requested the appellant-Commission to send the names of 7 candidates in order of merit for appointment. The said request has been turned down by the appellant-Commission vide letter dated 23.07.2013, stating that recommendation was mainly forwarded by the Commission on 12.08.2010 and the wait-list is to be operated within a period of one year, and the request for 7 more persons has been sent after 2 years 11 months.

7. Referring to G.Os dated 29.08.1992, 31.01.1994 and 15.11.1999, it is stated that wait-list can be operated only for a period of one year and as the said period is expired therefore, request from the Director of Education (Basic) for sending 7 more names was not accepted.

8. The first respondent herein, has filed Writ Petition before the High Court of Allahabad for quashing of the communication dated 23.07.2013 issued by the appellant Commission with a further direction to the appellant to forward additional names from the wait-list prepared for the post of Sub Deputy Inspector of Schools.

9. The High Court, by judgment and order dated 18.05.2018 allowed the Writ Petition by quashing the communication dated 23.07.2013 and issued further direction to send the names of requisite number of candidates to Director of Education (Basic).

10. In this appeal, it is the case of the appellant-Commission that, for substantial number of vacancies recommendations were made vide letter dated 12.08.2010 and the life of wait-list is only one year, and such period has to be computed from the initial recommendation dated 12.08.2010. It is contended that High Court has committed error by computing the period of one year from the last recommendation made, vide letter dated 28.08.2012.

11. On the other hand, it is contended by the learned counsel Sh. Alok Singh, appearing for the respondent/original petitioner that the requisition was made for making selections for 178 number of posts and in the recommendation made vide letter dated 12.08.2010 only 156 names are recommended and thereafter further