KHAN ( 1 ) THIS is the second petition filed by United communist Part of India, this time as PIL complaining that respondent was not making regular appointment to about 325 posts of Assistant Professor though it had undertaken to do so while responding to its first CWP No. 6070/98 which was dismissed as not pressed by order dated 16/9/1999. Respondents are accordingly required to be directed to fill up these posts lying vacant for the last about seven years since 1994. Respondent, in his reply, has explained the position tracing the sequence of events from 1994 and leading to stalling of selection process for appointment to these posts as a consequence of interim stay order passed by this court dated 15/11/1994 in conn ected CWP. 4223/1994 and later also because of Govt s intervention desiring application of Reservation Policy. ( 2 ) WE have seen that the appointment to the post of assistant Professor could not be made by respondent because of these factors and now that connected CWP no. 4223/1994 stood dismissed, there was no hurdle in making regular appointment to these posts under Rules which should satisfy petitioner s demand to render this petition infructuous which is dismissed as such.