P.P. Naolekar, J.

1. In pursuance of a selection process, the petitioner/appellant applied for the posts of Lat Mandal for the amalgamated establishment of Deputy Commissioner, Kokrajhar. After following the procedure for selection of candidates a select list was published by the authority on 28.10.1998 containing names of 22 candidates in order of merits. Although the select list was published no appointment was made operating the select list and therefore before expiry of the life of the select list the petitioners approached this Court for seeking relief that they should be provided with the appointment in accordance with the select list prepared. The writ petition (WP(C) No. 4802/99) was dismissed by the learned Single Judge on the ground that during the pendency of the writ petition the validity of the select list has expired and thus no directions can be given by the writ Court. Aggrieved by the order dated 20.11.2001 the present appeal is filed.

2. There cannot be any manner of doubt that mere empanelment or inclusion of one's name in the select list does give to any individual included in the select list to be appointed if the Government decided not to appoint any per