J.M. Panchal, J. - (1.)Leave granted.
(2.)This appeal by Special Leave is directed against judgment dated 11.07.2005 rendered by the Division Bench of High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 28444 of 2005 by which order dated 07.09.2004 of the Principal Secretary to the Chief Minister, Uttar Pradesh directing the District Magistrate to submit another panel/list for appointment to the two posts of the Assistant District Government Counsel (Criminal) in Ghazipur District of the State of U.P. is set aside and District Magistrate, Ghazipur is directed to consult the District Judge and thereafter to furnish better particulars in respect of 10 persons whose names had been included in the two panels dated 01-05-2004 with the consultation of the District Judge, whereas the State Government is directed not to consider revised panel unless the panel submitted by the District Magistrate in consultation with the District Judge is rejected on some disclosed grounds.
(3.)Backgrounds facts sans unnecessary details are as under:
The Respondents Nos. 1 and 2 were appointed on contract basis, to the vacant posts of Assistant District Government Counsel (Criminal) ("A.D.G.C." for short), in Ghazipur District of State of U.P. on 22.10.2001. As the terms of the appointment of the Respondents were up to 10.10.2002, the District Judge, Ghazipur after being satisfied with the work and conduct of the Respondents had recommended to the District Magistrate, Ghazipur to get extended their terms by communication dated 31.07.2002. The District Magistrate, Ghazipur had recommended to the State Government to extend the terms of the Respondents vide communication dated 31.07.2002. The Post of Assistant A.D.G.C. (Criminal) on which the Respondents were working were advertised by the then District Magistrate, Ghazipur. In pursuance of the said advertisement, the Respondents also applied for the post in question. Their applications were forwarded by the District Judge, Ghazipur to the then District Magistrate along with his Report. However, no action whatsoever was taken by the Appellants either for renewing the terms of the Respondents on the recommendation dated 31-07-2002 of the District Magistrate or for appointing them on the post of Assistant A.D.G.C. (Criminal) pursuant to the above mentioned advertisement. Again by advertisement dated 16.01.2004 the District Magistrate, Ghazipur had advertised the post of A.D.G.C. (Criminal) under the Judgeship of Ghazipur. The Respondents had again applied for the post of A.D.G.C. (Criminal) along with other candidates. Pursuant to the advertisement dated 16-01-2004, applications from 29 candidates were received. From the record it is evident that two letters dated 07-02-2004 and 01-03-2004 were addressed by the District Magistrate to the District Judge, Ghazipur for regular appointment of two A.D.G.C. (Criminal). In response to those two letters, the District Judge, Ghazipur by communication dated 07-04-2004 informed the District Magistrate that after obtaining opinion of the other Judicial Officers two panels of candidates, each containing 5 names were prepared. By a letter dated 19-04-2004, the District Magistrate had suggested to the District Judge to change/alter the two panels but District Judge had vide communication dated 28-04-2004, informed the District Magistrate that, it would not be in the fitness of things to change or alter the two panels which were prepared after taking much pains. However, by the said communication, the District Judge also mentioned that the work, conduct and legal knowledge of the remaining candidates were satisfactory. Thereupon, the District Magistrate, Ghazipur addressed a communication dated 01-05-2004 to the Special Secretary, Government of U.P., Lucknow informing him that the two posts of A.D.G.C.(Criminal) were advertised and 29 applications were received regarding which approval of the District Judge was obtained on 28-04-2004. It was further stated in the said letter that the District Judge, Ghazipur had mentioned that the work, conduct and legal knowledge of all the candidates were satisfactory and as he was agreeing with the view of the District Judge, Ghazipur expressed in respect of 29 candidates, he was forwarding necessary data of 29 candidates. By the letter dated 01-05-2004 the District Magistrate had requested the Special Secretary to take necessary action of making appointments to the two posts of A.D.G.C. (Criminal). Instead of acting upon recommendation made by the District Magistrate to make appointments of suitable candidates whose names were mentioned in the panel, the Special Secretary and Upper Legal Remembrance, Government of Uttar Pradesh, Lucknow, by an order dated 07-09-2004 directed the District Magistrate to submit another panel/list for appointment to the posts of A.D.G.C. (Criminal). The District Magistrate by his letter dated 14.02.2005 declined to submit another list stating that a panel list had already been submitted by him. After the receipt of the letter dated 14.02.2005 the Special Secretary and Upper Legal Remembrance returned the first panel list sent by the District Magistrate on 01-05-2004 without assigning any reason and directed the District Magistrate, Ghazipur to advertise the posts of A.D.G.C. (Criminal), afresh for appointment vide letter dated 18.03.2005. According to the Respondents there was no occasion to advertise the posts of A.D.G.C. (Criminal) at all in view of the recommendation made by the District Magistrate on 01-05-2004.