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R. BANUMATHI, J.

These appeals arise out of the judgment dated 10.02.2017 in Writ-C No.34196 of 2015 and batch matters passed by the High Court of Judicature at Allahabad in and by which the High Court while upholding the result of written examination for the post of Technical Assistant-Group-C Agriculture Department, quashed selection process subsequent to the written examination and directed the Principal Secretary, State of U.P. to send requisition to quantifiable data and cadre strength as well as actual persons working in different categories so that the interview may be conducted afresh and complete the selection.

15. Mr. K. Parameshwar, learned counsel: Learned counsel submitted that challenging the Office Memorandum dated 12.10.2014 issued by the UP Public Service Commission and also the selection process and the final selection list, number of writ petitions were filed and the appellants have challenged the judgment in the lead case in WP (C) No.34196 of 2015 and in the other writ petitions viz. WP(C) No.38399/2015, WP(C)No.45822/2015, WP(C) No.47894/2015, WP(C) No.50878/2015 and SPLAD No.283/2016 and the appellants have not chosen to challenge the judgment passed in number of other writ petitions remaining unchallenged and operate as res judicata. In support of his contention, learned counsel placed reliance upon Sri Gangai Vinayagar Temple and Another v. Meenakashi Ammal and Others (2015) 3 SCC 624. Insofar as horizontal reservation, the learned counsel further submitted that wherever the candidates for horizontal reservation were not available, they were filled up with the candidates with the vertical reservation which is not in accordance with law and the consistent view taken by the Supreme Court. The learned counsel submitted that considering number of irregularities in the selection process, the High Court rightly set aside the selection process subsequent to the stage of declaration of written examination and the impugned judgment warrants no interference.

16. Mr. Anil Nauriya, learned counsel submitted that the terms and conditions for the selection were set out in the advertisement and the rights of the candidates for selection to be considered in accordance with the rules as they existed on the date of the advertisement and not by the subsequent events. In support of his contention, the learned counsel placed reliance upon N.T. Devin Katti and others v. Karnataka Public Service Commission and others (1990) 3 SCC 157. The learned counsel further submitted that by the adjustment of diploma holders against the “general quota”, the State erred in revising the requisition of the vacancies in different categories which prejudicially affect the interest of the candidates who appeared in the examination and passed in the written examination and the High Court rightly set aside the selection process subsequent to the stage of declaration of the written examination. Reliance was placed upon Government of India through Secretary and another v. Ravi Prakash Gupta and another (2010) 7 SCC 626.

71. It is fairly well-settled that the selected candidates do not have any indefeasible right to be appointed. As held in State of Bihar and Others v. Amrendra Kumar Mishra (2006) 12 SCC 561, merely because the names of candidates were included in the provisional select list, they do not acquire any indefeasible right to be appointed. Merely because UP Public Service Commission has recommended the names of 906 candidates, they do not acquire any indefeasible right for being appointed.

72. In the counter affidavit filed by the State of U.P., it is stated that the candidates who were selected but not issued appointment letter filed a Writ Petition No.6198 of 2016 and the High Court vide order dated 02.03.2016 has directed the State to issue appointment letter in favour of the petitioners thereon. On request from the Agricultural Department, the Government after taking the opinion of Chief Standing Counsel has filed the Special Appeal before the Division Bench challenging the order dated 02.03.2016. The said Special Appeal was tagged with the Writ-C No.34196 of 2015. Since in Writ-C No.34196 of 2015, the High Court quashed the revised requisition dated 12.10.2014 and the result and quashed the entire selection process subsequent to the declaration of the written examination, consequently the Special Appeal came to be dismissed.