ORDER :

Ranganath Misra and G.L. Oza, JJ. - Special leave granted. Heard learned counsel for the parties.

2. We have perused the counter affidavit filed on behalf of the State Public Service Commission pursuant to the direction of this Court. It is not disputed that the preliminary process of selection started in 1983 and was completed in 1987 and the vacancies that arose in between were also sought to be accommodated from the recruitment list prepared by the State Public Service Commission. The only point which requires consideration is as to whether if out of the names recommended for appointment some candidates do not join, whether the vacancies remaining unfilled should or should not be filled up from out of the remaining successful candidates. We see no justification in the stand of the State Public Service Commission that instead of filling up the vacancies by recommending the candidates next in order of merit out of the present list why a fresh selection should be made. We accordingly dispose of this appeal by directing that the number of vacancies remaining to be filled up on account of non-joining of selected candidates for whatever reason shall be out of the present list. T