ORDER :

1. Heard learned counsels for the petitioner and the respondents finally at this stage and therefore, the case is being finally decided.

2. Counsel for the petitioner has submitted that the he was from OBC category and had applied for the post of Junior Engineer (Degree Holder) under the advertisement dated 18.5.2012. The total number of Posts 454, were advertised. The select list was provisionally prepared and the petitioner was called for document verification vide letter dated 30.8.2013 and thereafter he was informed that while he was provisionally selected, he may fill attestation form for police verification and medical fitness. Letters dated 30.8.2013 and 3.12.2013 were issued for the said purpose and name of the petitioner stood at Serial No. 24 in OBC male category as per the list received under RTI by the petitioner.

3. Learned counsel submits that while there were 454 posts which were advertised by the respondents and only 360 candidates were appointed leaving 94 seats unfilled, resulting the petitioner not being given appointment. The appointment order was issued on 3.12.2012. A notice was sent and thereafter the present writ petition was filed with a prayer that remaining post ought to be filled as per merit and the petitioner’s candidature be considered for appointment on the post of Junior Engineer (Degree Holder) in terms of the advertisement dated 18.5.2012.

4. Reply has been filed wherein it has been stated that the advertisement was issued for filling up newly created 568 posts of Junior Engineer (Civil). The provisional seniority list of 454 of Junior Engineers (Civil Degree Holder) was prepared on the basis of marks obtained in the examination and the documents were got verified and the provisionally selected candidates were medically examined. The final selection list of 360 eligible Junior Engineers was issued on 11.3.2013 and 85 eligible Junior Engineer (Diploma Holder) were issued wherein the name of the petitioner did not find place in the provisional selection list issued on the basis of marks obtained in the written examination. As the eligible candidates were not available out of 454 candidates, therefore, for remaining 94 posts of Junior Engineers (Civil) Degree Holders were called on the basis of marks obtained in the lower order of merit. The Administrative Department had granted the permission for selection of 94 Junior Engineers in the lower order of merit and other similar situated persons were called for submitting educational qualification. The petitioner was also directed to submit attestation form so that the medical examination and attestation of documents may be done but his final selection was not made. It was mentioned that it is purely provisional.

5. Learned counsel for the respondents have submitted that the State Government in Public Works Department vide letter dated 24.7.2013 granted permission for creation of 331 posts to Junior Engineer Civil (Degree/Diploma) and thereafter for recruitment of 265 posts to Junior Engineer Civil and 66 posts to Junior Engineer (Diploma) Advertisement No. 1/2013 dated 5.9.2013 was issued and written examination was conducted and the Department has started selection for newly created 331 posts of Junior Engineers (Civil) Degree and Diploma. The Board has issued a fresh advertisement no. 1/2013 and the whole process of the selection of candidates from the reserved list to earlier recruitment advertisement deemed to have lapsed as per circular dated 19.7.2001. It has relied upon for the said purpose. It is further submitted that though the process of attestation of selected candidates, Medical Examination and Police verification towards rest of the vacancies out of 454 posts, was pending but in the meanwhile, High Level Committee under the Chairmanship of Hon’ble Minister for Public Works Department was held on 22.9.2014 and following decision was taken vide letter dated 8.1.2015:-

“The matter regarding revival of cadre/recruitment of Junior Engine