( 1 ) HEARD Sri Sabha Jeet Yadav, learned counsel representing the appellants and Sri Ashok Khare, learned counsel appearing for the respondents, at length and in detail.

( 2 ) INSTANT Special Appeal, under Rule 5 of Chapter VIII of the Rules of Court, 1952, is directed against the Judgment and order dated 28th May, 1997, rendered by his Lordship Honble markande Katju. J, in Ravindra Nath Rai and others v. State of U. P, and others. Civil Misc. Writ petition No. 40495 of 1996, allowing the writ petition and giving to the appellants the following direction :

"the respondents are directed to prepare a waiting list in the said examination and consider and appoint the persons in the waiting list in accordance with merit to the extent of the number of candidates in the main select list who had not joined. "

( 3 ) THE acts and events constituting undisputed facts of the case, briefly stated, are as below :

"for the purposes of recruiting 525 Sub-Inspectors in Civil Police of the State, the Deputy inspector General of Police (Karmik), Police Headquarters. Allahabad, the appellant No. 5, issued an advertisement on 4th. October, 1991. Later on by means of another advertisement