S. RAFAT ALAM AND SUDHIR AGARWAL, JJ.

This intra court appeal arises out of the judgment of Honble single Judge dated 5. 10. 2005 dismisisng the Writ Petitions No. 42041 of 2000, 1187 of 2002 and 23630 of 2003 preferred by the appellant Shiv Prakash Yadav and others (hereinafter referred to as petitioners)-

2. The Special Appeals No. 1308 of 2005, 1410 of 2005 and 1411 of 2005 have been filed by the State of U. P. and others (hereinafter referred to as respondents) challenging the aforesaid judgment of Honble single Judge being aggrieved by the findings recorded by Honble single Judge on certain aspects particularly with reference to application of Section 3 (6) of U. P. Public Services (Reservation for Scheduled Castes, Schedules Tribes and Other Backward Classes) Act, 1994 (hereinafter referred to as 1994 Act) and despite the fact the writ petitions have been dismissed, the State of U. P. has prayed for setting aside judgment of the Honble single Judge.

3. The facts in brief giving rise to the present appeal are that an advertisement was made on 31. 8. 1998 advertising 43 posts of Village Development Officer for which after holding written examination and interview, the final result was published on 29. 5. 1999 wherein 19 candidates were declared to have qualified in general category. 13 in Other Backward Classes and 11 in the category of Scheduled Castes/scheduled Tribes. A waiting list was also prepared containing the names of 25 candidates. One person, who was in the wait list of O. B. C. category filed Writ Petition No. 42041 of 2000, Hart Ram Yadav v. State of U. P. and others, claiming that he has secured 48. 87 marks while another general category candidate namely Rajeev Naln Tiwari has secured 48. 23 marks. He (Hari Ram Yadav) has been placed on the top of the general category wait-list, though he ought to have been placed in the list of general category candidates in place of Rajeev Nain Tiwari by applying the provisions of Section 3 (6) of 1994 Act. The writ petition was allowed by judgment dated 27. 7. 2001 holding that the select list was in violation of Section 3 (6) of 1994 Act and consequently the authorities were directed to prepare a fresh select list. Two appeals, namely, Special Appeal Nos. 256 of 2002 and 264 of 2002 were filed by the general category candidates aggrieved by the judgment dated 27. 7. 2001 complaining that despite the fact that they were necessary and interested party, but without impleading them, the writ petition has been decided against them. Both these special appeals were allowed vide judgment dated 20. 5. 2002 and the judgment passed by Honble single Judge was set aside. Matter was directed to be re-heard by the Honble single Judge. Meanwhile, since some of the selected candidates who were issued appointment letters did not join, claiming appointment against the resultant vacancies, Sri Shiv Prakash Yadav filed Writ Petition No. 2258 of 2000 and another Writ Petition No. 23630 of 2003, was filed by one Munnu Ram before this Court which were disposed of on 17. 8. 2000 directing the competent authority to dispose of the application/representation of the petitioners within six weeks from the date of production of certified copy of the order. The representation, consequently, was considered and rejected by the Commissioner, Rural Development, U. P. holding that all the 13 candidates of O. B. C. having joined, no vacancy left for the candidates in the wait list of O. B. C. category and since both the aforesaid petitioners belong to O. B. C. category, they cannot be given appointment against the resultant vacancies which in fact did not occur against O. B. C. quota. Challenging the said order. Writ Petition No. 1187 of 2003 was filed by the petitioner-appellant Shiv Prakash Yadav and 4 others seeking following reliefs:

(a) issue a writ, order or direction in the nature of certtorari quashing the order dated 5. 5. 2001 and 24. 5. 2001, (Annexures-3 and 3a to the writ petition) passed by learn

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