R.S. MONGIA, CJ(ACTING)- This judgment and order will dispose of the 27 (twenty seven) writ appeals as these arise out of the same judgment of the learned Single Judge. 2. The writ petitioners (now respondents) had challenged the notices dated 21.2.99, by which one month's notice was served on the writ petitioners by the Commandant, 8th N. A.P. Battalion, which reads as under: "As you are aware of the condition of appointment order that your enrolment as Constable against this unit was made as purely temporary terminable with one month's notice from either side. You are, therefore, served this one month's notice and informed that due to tight vacancy position, your service can not be regularised against the same post and so being terminated with effect from 22.3.99 (FN/AN) with the instruction of Police Headquarter vide letter No. PHQ (8-1)1/20/99 dated 10.2.99." 3. They also challenged another order dated 6.4.99, which is a W/T Message sent from Police Headquarters, Kohima to the Commandant 8th NAP Battalion which reads as under: "No. PHQ(B.l) 1/20/99 dt. 6.4.99(.) You are directed to discharge the excess personnels appointed by you and submit compliance report at the earliest(.)" 4. The brief facts leading to challenge of the aforesaid notice order in the writ petition may be noticed. On 21.11.98 a wireless message was sent to all the Commandants of Nagaland Armed Police Battalion, which reads as under: "No. PHQ/B-1/1/20/98-99 Dt. 21.11.98 all unit Comdts are hereby directed to carry out recruitments of Constable to fill up existing vacancies in their respective Units on 15th to 17th Dec/98(.) Various qualification and standard for recruitments should be as per the Standing Forms(.) Unit Comdr's are directed to intimate vacancies BYR/SIG(.) M.M.U." 5. The Commandant of 8th N.A.P. Battalion on 17.12.98 issued a notice which reads as under: "I do hereby inform that the recruiting test ill be conducted on 19th Dec. 98,31 st Jan/99 t 8th NAP ground at 8 a.m. Therefore request to all the concerned candidate to attend the above notice positively." It was the case of the writ petitioners that more than 3000 candidates appeared in the test conducted by the Selection Board Consisting of 6 (six) members and a report was submitted by the Selection Board to the Commandant of 8th Bn. N.A.P. In all 30 persons were recommended for appointment and, in fact, 63 persons were given appointment on or about 8th February, 1999. It may be observed here that after selection, the selected candidates, including the writ petitioners, were sent for training at the Police Training Centre, Chumukedima. The rest of the facts regarding discharge of the persons selected, including the petitioners have been stated in the opening part of the judgment. The case of the respondents (appellants) was and is, that in fact, there were no vacancies in the 8th N.A.P. Battalion where any recruitment could be made. In fact when the information regarding vacancies was asked for, the Commandant of the 8th N.A.P. Battalion gave Telex Message dated 27.11.98, which reads as under: "No. 8BN/RO-2/98-99/2074 dt. 27.11.98 Kly. Ref. Your S/No. PHQ (B&I) 1/20/98-99 Dtd. 21.11.98 Reg. Recruitment(.) No vacancy at all in this unit. This is for your kind info. pse.(.) 6. Learned Single Judge, however, held on the basis of the averments that in fact there were some vacancies and moreover respondents could not have resorted to the clause of one month's notice for termination of services of the writ petitioners as there was no circumstance warranting the action because the selection and appointment of the writ petitioners were in regular manner. The whole thing hinges on as to whether appointment of the writ petitioners were made on some existing vacancies/posts. When the matter came up earlier on 26.6.2001, the following order was passed by a Division Bench: "Heard Mr A.R. Borthakur, learned Advocate General, Nagaland for the appellants and Mr O.K. Mishra, learned counsel for the respondents. Before we hear the learned counsel for the appellants any further, let him apprise this Court as to what departmental action has been taken against that person who initiated the recruitment of the respondents (writ petitioners). It may further be indicated whether as on to-day there are any vacancies in which the private respondents (writ petitioners) can be accommodated. Adjourned to 19.7.2001. 7. This order, as would be apparent, was passed with an idea to know as to whether there was any vacancy/posts on the date the recruitment was made and if there are vacancies now in the 8th N. A.P. Battalion so that a way may be found out to adjust the writ petitioners against vacancies that may be available now. 7. This order, as would be apparent, was passed with an idea to know as to whether there was any vacancy/posts on the date the recruitment was made and if there are vacancies now in the 8th N. A.P. Battalion so that a way may be found out to adjust the writ petitioners against vacancies that may be available now. Pursuant to the aforesaid order, an affidavit of Shri M. Yanthan, Deputy Inspector General of Police (Headquarters), Kohima dated 12th July, 2001, has been filed. In paragraphs 2 to 5 of the affidavit it has been stated as under: "2. That the respondent begs to state that by W.T. Message No. PHQ(B-1)/1/2098, dated 21.11.98 (annexed as Annexure-I, page 22 in the writ appeal) the Police Headquarters directed all the Unit Commanders of Nagaland Armed Police to fill up existing vacancies in their respective units on 15th-17th Dec. 98. In response to the said W.T. Message, the Commandant of 8th Bn NAP Haltoga by W.T. Message No. 8Bn/RO-2/ 98-99/2074 dated 27.11.98 stated that there was no vacancy at all in his unit (annexed as Annexure-X at page 33 in the writ appeal). However, inspite of his statement that there is no vacancy in his unit, the Commandant of 8th NAP, Naltoqua recruited respondents by conducting the recruitment test surreptitiously in a clandestine manner, on 19.11.98 and 31.1.99. 3. That the deponent begs to state that after knowing the illegal recruitment conducted by the then Commandant Shri M. Chasie, NPS, Commandant 8th NAP Battalion, the appellants terminated the service of the respondent with effect from 22.3.99. Thereafter, by order dated 18.5.99 issued by the Home Commissioner the then Commandant Shri M. Chasie, NPS was removed from the post of Commandant and transferred to Doyant Hydro Project as SP (Security) where there is no Police Establishment and no facilities. It is pertinent to state herein the latest position of recruits undergoing basic training at NAP Training Centre does not show any recruitment against 8th NAP Bn, Naltoqua which is intimated by Commandant NAPTC Chumukidema by a W.T. Message. As such, it clearly indicates that there is no vacancy for constable in 8th NAP Bn. Naltoqua. A copy of the transfer order and a copy of the W.T. Message are annexed hereto and is marked as Annexure-A and B respectively. 4. As such, it clearly indicates that there is no vacancy for constable in 8th NAP Bn. Naltoqua. A copy of the transfer order and a copy of the W.T. Message are annexed hereto and is marked as Annexure-A and B respectively. 4. That the deponent begs to state that there is no vacancy of Constable available in the 8th NAP Battalion at present. The no availability of vacancy has arisen since from the date of illegal recruitment of the respondents by the Commandant Shri M. Chasie, NFS which was intimated to the Police Headquarters by W.T. Message dated 27.11.98. 5. That the deponent begs to state that the appellants cannot accommodate the respondents at any cost in view of the no availability of vacancy of Constables in 8th NAP Battalion, Haltoqua and as such the Hon'ble Court would be pleased to allow the writ appeal filed by the appellants. The deponent further state that, the entire process of recruitment was illegally done by the then Commandant in a clandestine manner by informing the Police Department that there is no vacancy available in his unit, which was done at his personal whims and fancies to favour and disfavour some particular person and as such, the Hon'ble Court would be pleased to allow the writ appeal by quashing and setting aside the impugned order dated 28.9.2000 passed by the learned Single Judge." 8. We have no reason to doubt the affidavit filed now stating therein that there was no vacancy at the relevant time in the 8th NAP Battalion for recruitment of Constables nor there are any vacancies at the moment and no malafide can be attributed for giving the impugned notice and discharging the writ petitioners. As there were no vacancies, the question of any appointment cannot arise. It cannot be disputed that for a valid appointment there has to be a vacancy. There is some reference made in the judgment of the learned Single Judge regarding the show cause notice etc. to the person who issued appointments. As averred in the affidavit that the Government has issued necessary order against the then Commandant, 8th NAP Bn in contemplation of disciplinary action, we do hope the State Government will take that to logical end. In the aforesaid matrix of facts we are unable to subscribe to the view taken by the learned Single Judge. As averred in the affidavit that the Government has issued necessary order against the then Commandant, 8th NAP Bn in contemplation of disciplinary action, we do hope the State Government will take that to logical end. In the aforesaid matrix of facts we are unable to subscribe to the view taken by the learned Single Judge. Apart from the fact that the Commandant himself had sent the Telex Message that there were no vacancy in the 8th NAP Battalion, we fail to understand as to how when only 30 persons were selected, 63 persons could be appointed? As observed earlier, we have been now apprised in the affidavit that there was no vacancy and there is no vacancy at the moment. In these circumstances we hold that the appointment of the writ petitioners were against non-existent vacancies/posts and therefore the order of the learned Single Judge cannot be upheld. 9. The appeal is, therefore, allowed and the impugned judgment and order of the learned Single Judge dated 8.9.2000 is set aside. 10. Before parting with the judgment, we may observe here that all the writ petitioners had to undergo the selection process. We are of the view that ends of justice would be met if the writ petitioners' selection is kept alive for l(one) year and if any vacancy arises now in the 8th NAP Battalion or a post is created for which they were selected, then the writ petitioners may be offered appointment in accordance with their merit position.