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TMI Blog2016 (10) TMI 1362X X X X Extracts X X X X X X X X Extracts X X X X ..... rection was issued to restrict the selection of Assistant Prosecuting Officers only to the number of posts that were advertised. 2. An advertisement was issued by the Uttarakhand Public Service Commission (hereinafter referred to as 'the Second Respondent') on 19.09.2009 for appointment to the posts of Assistant Prosecuting Officers. The number of posts notified were 38. It was mentioned in the advertisement that the number of posts may be increased or decreased by the State Government. A preliminary examination was contemplated in case there were a large number of applications. It was mentioned in the advertisement that the 'year of recruitment' was a period of 12 months commencing from the 1st day of July of the calendar year. 3. As a l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inition of 'year of recruitment' in the Rules, the High Court held that vacancies that arose between 1st of July, 2008 and 30th of June, 2009 alone can be filled up. The High Court directed that selection should be confined to only 38 posts of Assistant Prosecuting Officers. A further direction was given by the High Court to the Second Respondent to commence the process of selection for the additional 36 vacancies which were requisitioned by the letter dated 06.01.2011. 6. The Appellants would have been selected and appointed as Assistant Prosecuting Officers if the selection was for 74 posts. They are aggrieved by the judgment of the High Court. They have sought permission to file the above Appeals which was granted on 16.08.2012. We hear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icers is governed by the Uttar Pradesh Prosecuting Officers Service Rules, 1991. Rule 3 (l) defines 'year of recruitment' as a period of 12 months commencing from the 1st day of July of calendar year. The requisition made by the First Respondent to the Second Respondent on 17.11.2008 was for selection of 38 Assistant Prosecuting Officers. The year of recruitment for conducting selection would be between 1st July, 2008 and 30th June, 2009. As stated earlier, only 38 posts were notified in the advertisement. As per the advertisement the Government could vary the number of posts to be filled up. Such power could have been exercised by the Government only to the extent of posts that arose between 1st July, 2008 and 30th June, 2009. The Second R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd also for anticipated vacancies but not for future vacancies. If the requisition and advertisement are for a certain number of posts only the State cannot make more appointments then the number of posts advertised, even though it might have prepared a select list of more candidates. The State can deviate from the advertisement and make appointments on posts falling vacant thereafter in exceptional circumstances only or in an emergent situation and that too by taking a policy decision in that behalf. Even when filling up of more posts than advertised is challenged the Court may not, while exercising its extra-ordinary jurisdiction, invalidate the excess appointments and may mould the relief in such a manner as to strike a just balance betw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pt made by the First and Second Respondents to fill up the additional posts is contrary to the Rules. After a careful consideration of the matter, we are of the opinion that the Appellants cannot be selected and appointed to the additional posts that were not advertised on 19.09.2009 and were created after the relevant recruitment year ending on 30.06.2009. 12. We have examined the possibility of granting relief to the Appellants by taking into account the facts and circumstances of this case. The Appellants participated in the selection which was initially for 38 posts which later increased to 74 posts. They could not be appointed due to the judgment of the High Court which directed the selection to be only for 38 posts. In view of there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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