The court established that the creation of supernumerary posts based on future vacancies was incorrect, and the appointment of dependents of deceased employees had led to a situation where no direct recruitment for the post of Constable (M) was taking place, violating the right to equality in employment.

( 1 ) U. P. Police Headquarters, Allahabad issued an advertisement dated 2. 6. 2003 inviting applications to fill up 165 posts of Constable (Ministerial) in the Police Department from the backlog of the vacancies reserved for the Schedule Caste and Schedule Tribe candidates; Out of these 165 posts, 125 posts were required to be filled up from the candidates belonging to the schedule Caste and 41 posts were to be filled up from the candidates belonging to the Schedule tribe. Based on the aforesaid advertisement, the petitioners applied and sat in the written examination as well as in the typing test, in which they qualified. Thereafter, the petitioners were called for an oral interview and eventually on 13 8. 2003, a select list was issued which included the names of the petitioners. Thereafter, the petitioners were directed to appear in the medical examination in which the petitioners were found to be medically fit. The entire process was completed and only a ministerial task of issuing an appointment letter had remained to be executed. But before the appointment letters could be issued, the Government changed and a new Government took over. The new Government issued an order dated 29. 8. 2003 imposing a ban on all the appointments in every department in the State of U. P. as a result of which, all the appointments were stopped and no appointment letters could be issued in favour of the petitioners. Consequently, the present writ petition was filed praying for the quashing of the government Order dated 29. 8. 2003 by which the ban was imposed and further prayed for a writ of mandamus commanding the respondents to issue the appointment letters in their favour on the post of constable (M ).

( 2 ) A large number of similar writ petitions have been filed praying for the same relief, which have been clubbed together and are being decided by a common judgment. For facility, writ petition No. 46812 of 2003 has been made the leading case.

( 3 ) A Counter affidavit has been filed by the State Government which has been sworn by the secretary (Appointment and Personal), stating therein that the order dated 29. 8. 2003 had been cancelled by the State Government vide its order dated 15. 1. 2004 and, therefore, there was no restriction in the recruitment process in the various departments of the State Government and that the selections/recruitments could now be held and that the appointments on various posts could be made by the concerned departments as per the Rules. The State Government filed another counter affidavit dated 19. 5. 2004 stating therein that the Home Department had issued an order dated 24. 5. 2003 sanctioning the creation of 165 supernumerary post of constable (M)which was effective till the end of February, 2004, i. e. , till 29. 2. 2004 or till the availability of the posts due to retirement or otherwise or till the cancellation of such post, whichever was earlier. Based on this order dated 24. 5. 2003, the advertisement dated 2. 6. 2003 was issued. The counter affidavit further stated that the State Government vide order dated 6. 5. 2004 had now taken a decision to cancel the 165 supernumerary post on the ground of financial constraints and also on the ground that there was no requirement of work. It was also stated in the counter affidavit that there existed only 134 sanctioned posts of constable (M) in the State of U. P. and on these 134 posts, 606 persons have already been appointed on compassionate ground under the Dying in harness Rules and therefore, 472 candidates had been appointed in excess of the sanctioned strength and therefore, on this ground the State Government had also decided to cancel the 165 supernumerary post.

( 4 ) UPON the filing of the counter affidavit by the State Government bringing on record the order dated 6. 5. 2004 by which 165 supernumerary post was cancelled, the petitioners filed an amendment application praying for the quashing of the order of the State Government dat