I.A. Ansari, J.

1. Whether conditions of recruitment can be relaxed? If so, when and to what extent? Whether appointment of a person to a post without following any selection process whatsoever can be sustained if his appointment is challenged on the ground that though no selection process was followed, while making the appointment, the appointee was, otherwise, eligible to receive such appointment ? Whether the Constitutional scheme of public employment can sustain in making of appointment of a person, who may be eligible for a post, but has not come to be appointed by adhering to any selection process whatsoever? Whether an appointee, whose appointment has been made in conformity with the scheme of a given recruitment rules, can be treated as senior, in service, to an appointee, who had the requisite qualification, but whose appointment was without following any selection process?

These are some of the questions, which have arisen for consideration, in this appeal, which has been preferred against the judgment and order, dated 29.04.2005, passed, in WP (C) No. 746 (AP)/2001, whereby a learned Single Judge of this Court has allowed the writ petition of the Respondent No. 1 herein and directed the State Respondents to make necessary corrections, in the impugned final seniority list, in terms of the directions given in the said writ petition.

2. The material facts, which have given rise to this appeal, may, in brief, be set out as under:

(i) The writ Petitioner, who is Respondent No. 1 in this appeal, was appointed as an Assistant Engineer, on ad hoc basis, in the year 1988, in the Public Works Department, Government of Arunachal Pradesh, his appointment having been made without following any selection process. The writ Petitioner-Respondent No. 1 herein was, thus, appointed, on the basis of the policy of pick and choose, as an Assistant Engineer (adhoc). The Appellants herein (who were private Respondents in the said writ petition), has also been appointed, on ad hoc basis, during the period from 04.02.1986 to 21.03.1988, in the same manner as the writ Petitioner-Respondent No. 1 herein inasmuch as the initial appointments of both--the writ Petitioner-Respondent No. 1 as well the Appellants herein were made, on ad hoc basis, without resorting to any acknowledged selection process. These ad hoc appointments on pick and choose basis, had been made prior to the coming into existence of the APPSC, for, the APPSC came to be formed, on 01.04.1988, under the Arunachal Pradesh Public Service Commission Regulations, 1988. During the period, when these ad hoc appointments were made, the Arunachal Pradesh Administration (Public Works Department) Group B Posts Recruitment Rules, 1983, governed the recruitment to the posts of Assistant Engineer in the Public Works Department. Government of Arunachal Pradesh.

(ii) While the writ Petitioner and the present Appellants had been working, on ad hoc basis, as Assistant Engineers, the writ Petitioner-Respondent No. 1 herein applied, in response to an advertisement, dated 13.05.1988, published by Arunachal Public Service Commission (in short, 'the APPSC), inviting applications for filling up some posts of Assistant Engineer in the Public Works Department. The present Appellants, except one, however, chose not to apply in response to the said advertisement. Pursuant to the application, so made, the Petitioner participated in the selection process and, in the merit list, which came to be published on 23.03.1989, the Petitioner was placed at serial No. 6. In consequence of his selection, the Petitioner was appointed, vide order, dated 19.04.1989, as Assistant Engineer, on regular basis, subject to the condition that he shall be, for a period of two years, on probation, and his appointment shall not commence before 02.05.1989. The Petitioner accordingly joined, as a regular Assistant Engineer, on 02.05.1989.

(iii) After the writ Petitioner-Respondent No. 1's regular appointed to the post of Assistant