Hon’ble V.K. Shukla, J.—Nadeem Anwar is before this Court for the following reliefs:

(I) a writ, order or direction in the nature of mandamus be issued commanding the respondent No. 2 to forward the name of the General Category candidate in order of the merit to fill the posts of Civil Judge (Junior Division), lying vacant which was a part of the advertisement dated 23.5.2013 before the State Government pursuance to which follow up action may be taken within a reasonable period for appointment.

(II) A writ, order or direction in the nature of which this Hon’ble Court may deem fit and proper under the circumstances of the case.

(III) Award cost to the humble petitioner throughout of the present writ petition.

2. Brief background of the case, as is reflected from the record in question, is that a requisition of 125 posts for U.P. Civil Judge (Junior Division) under U.P. Nyayik Sewa was sent by the State Government vide its letter dated 17.4.2013 and in consonance of the aforesaid requisition the U.P. Public Service Commission (hereinafter referred to as the “Commission”) has issued an advertisement for the aforesaid 125 posts of Civil Judge (Junior Division) vide its advertisement No. A-1/E-1/2013 dated 23.5.2013. In the said advertisement the posts for each category was determined as under;

1. 63 posts for General Category candidates

2. 26 posts for Scheduled Caste category candidates

3. 02 posts for Scheduled Tribes category candidates

4. 34 posts for Other Backward Class category candidates.

And under horizontal reservation 02 posts were determined for D.F.F. Candidates and 25 posts were to be filled up by female candidates.

3. Petitioner pursuant to the aforementioned advertisement in question applied for consideration of his candidature as a General Category candidate and undertook the preliminary examination in question wherein 1314 candidates were found suitable for the written/main examination. Written/Main examination for the aforesaid 125 posts was held by the Commission in the month of January 2014 and out of 1314 candidates, 386 candidates were provisionally qualified for the interview/personality test. This much is also reflected from the record that petitioner faced the interview as a General Category candidate but he could not be selected in the final select list. Record in question reflects that recommendation of 125 selected candidates had been sent by the Commission to the State Government, at the said point of time. Out of aforementioned 125 candidates whose names have been recommended by the Commission to the State Government, candidates placed at serial Nos. 17, 26 and 52 have not joined the posts and petitioner’s submission before this Court is that against the said vacancies in question petitioner is liable to be offered appointment as he has secured 538 marks like the last selected General Category candidate but on account of being younger in age in consonance with the provisions as contained in the U.P. Judicial Service (Second Amendment) Rules, 2012, he has been left out. Petitioner, in this background, is before this Court with the submission that this Court should come to his rescue and reprieve.

4. Counter-affidavit has been filed on behalf of the Commission and therein this fact has been accepted that candidates placed at serial Nos. 17, 26 and 52 have not joined the posts in question and posts are lying vacant and mention has been made that without any proposal/direction of the State Government/Department concerned no such posts could be recommended/filled up by the Commission in reference to main examination of 2013 batch.

5. Short counter-affidavit has also been filed on behalf of the State Government and therein mention has been made that recommendations with regard to 124 candidates have been sent against the total 125 selected candidates to the State Government and out of aforesaid 124 ca