JUDGMENT :

1. Heard Shri K.S. Kushwaha, along with Sri Mujib Ahmad, learned counsels appearing for the petitioner, Shri Siddharth Singhal, learned counsel appearing for the second respondent and learned standing counsel appearing for the State-respondent.

2. For the sake of convenience, the facts set out in Writ-A No. 12102 of 2020 is being referred to for deciding both the petitions.

3. The facts, inter se, parties are not in dispute. The second respondent, Uttar Pradesh Subordinate Service Selection Board, Lucknow, [Commission], issued an advertisement No. 03/2016, inviting application from eligible candidates for the post of Village Development Officer, 3133 posts were advertised. As per advertisement, eligible candidates were to appear for written examination, physical efficiency test, followed by interview. The candidates in ratio of 3:1 were to be called for interview i.e. three candidates per post. Petitioner qualified the written examination, physical efficiency test and appeared for interview. The Selection Board declared the final result for the post on 18 July 2018. The select list comprised of 2947 candidates, as against the notified 3133 vacancies. The Commission withheld the result of 116 candidates for several reasons, including, verification of their educational qualification and other documents. It appears that some of the candidates approached this Court in two petitions bearing Writ-A No. 18049 of 2019 (Vivek Kumar Srivastava and 4 others vs. State of U.P. and another) and Writ-A No. 18798 of 2019 (Avesh Kumar and 5 others vs. State of U.P. and another), which came to be disposed of on 26 November 2019, directing the Commission to consider the representation to prepare a revised list on account of 29 posts of the candidate securing marks next to the final cut off marks. It appears that the Commission declared a supplementary select list for 18 post on 26 June 2020. The petitioners found their names in the supplementary select list of the 18 candidates. It appears that Commission did not send the list of selected candidates to the concerned department for issuing appointment letters.

4. Aggrieved, by the conduct of the second respondent, Commission, petitioners have filed the instant writ petition seeking a direction in the nature of mandamus directing the second respondent, Commission to send the select list of the supplementary result, published on 26 June 2020, for the post of Village Development Officer (General Selection) Examination/ 2016, to the first respondent, Principal Secretary, Rural Development U.P., at Lucknow. It is further prayed that the first respondent be directed to issue appointment letter to the petitioners, pursuant to the recommendation of the Commission.

5. The Commission is supporting the case of the petitioners. Learned counsel for the second respondent, submits that against 3133 vacancies, select list in the first instance was declared for 2947 candidates, results of 116 candidates were withheld due to the pending verification pertaining to their documents and qualification. Thereafter, Commission cleared 98 candidates. In respect of 18 candidates, after enquiry and verification, their names was cleared by the Commission in its meeting dated 23 June 2020, and duly notified on the official website of the Commission. In other words, the select list of 18 candidates are as per merit and are eligible for appointment. The second respondent undertakes to forward their names to the Government.

6. The first respondent has filed counter affidavit sworn by the Joint Secretary, Rural Development, U.P., wherein, the facts have not been disputed but a stand has been taken that after declaration of the final result by the Commission on 6 August 2018, the Commission had no power or authority to have issued the supplementary select list as the process of selection came to an end. There is no provision for declaration/ publication of supplementary result or waiting list, hence, supplementary list of 18