COMMON ORDER ELIPE DHARMA RAO, J. This common order shall dispose of the above mentioned four writ petitions as the issue involved in all the writ petitions is one and the same and common arguments were advanced in all the writ petitions. 2. While W.P. Nos.5525 and 6046 of 2000 were filed by the Government of Pondicherry, challenging the order dated 29.12.1999 passed by the Central Administrative Tribunal (in short ‘the Tribunal) in O.A.Nos.180 and 715 of 1997, W.P. Nos.6503 and 6504 of 2000 were filed by the aggrieved original applicants challenging the order dated 29.12.1999 passed by the Tribunal in O.A. Nos.180 and 715 of 1997. 3. Facts, in brief, are: In the year 1994, the Government of Pondicherry had notified 23 vacancies (21 regular vacancies and 2 vacancies reserved for ex-servicemen) in the cadre of Upper Division Clerk (in short UDC) for being filled up by direct recruitment through a competitive examination. According to the relevant Recruitment Rules, the method of recruitment to the post of UDC is 80% by promotion and 20% by direct recruitment through competitive examination from among the candidates possessing a degree of a recognised University and from among the Lower Division Clerks (LDCs) with three years of continuous service. Accordingly, the Government on 29.4.1994 addressed the Employment Exchange as well as the Rajya Sainik Board to furnish the list of eligible candidates and eligible ex-servicemen. On the very same day, the Government also issued an I.D.Note/Memorandum to all the Secretariat Departments in vertised, 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 extraordinary jurisdiction, invalidate the excess appointments and may mould the relief in such a manner as to strike a just balance between the interest of the State and the interest of persons seeking public employment. What relief should be granted in such cases would depend upon the facts and circumstances of each case.” (emphasis supplied) 7. What relief should be granted in such cases would depend upon the facts and circumstances of each case.” (emphasis supplied) 7. He further contended that the petitioner is entitled to fill up the vacancy which was subsequently arose from the date of notification due to retirement and such a selection cannot be find fault. 8. Learned counsel further relied upon the decision reported in Benny T. d. and Others v. Registrar of Cooperative Societies and Another Benny T. d. and Others v. Registrar of Cooperative Societies and Another Benny T. d. and Others v. Registrar of Cooperative Societies and Another, AIR 1998 SC 2012 : 1999-I-LLJ-527 : (1998) 5 SCC 269 wherein the Apex Court has held that at p.536 and 537 of LLJ : “Though the High Court dismissed the writ petition as well as the writ appeals preferred against the judgment of the learned Single Judge by coming to the conclusion that there has been violation of sub-section (4) of Section 80 of the Act and Rule 187 of the Rules, the Registrar had annulled the resolutions of the Bank appointing persons to the post of Clerk on other grounds also and since the legality of the order of the Registrar invalidating the appointment made was challenged in the High Court by filing writ petitions, it is necessary to examine the other grounds also. A perusal of the order of the Registrar and the issues framed for consideration would indicate that the Registrar had also struck down the appointment on two other grounds, namely, the Bank had appointed staff in excess of the approved strength and secondly the advertisement was not in accordance with Circular Instruction No.18 of 1991 of the Registrar of Co-operative Societies. Coming to the question as to whether appointment had been made in excess of the staff strength approved by the Registrar, it appears that apart from the above statement made by the Registrar in his order no material has been brought on to the record to support the aforesaid conclusion of the Registrar. Merely because in the advertisement issued by the Bank the probable number of vacancies had been indicated to be lesser than the number of persons finally appointed, one cannot jump to the conclusion that there has been an excess appointment beyond the staff strength approved by the Registrar. Merely because in the advertisement issued by the Bank the probable number of vacancies had been indicated to be lesser than the number of persons finally appointed, one cannot jump to the conclusion that there has been an excess appointment beyond the staff strength approved by the Registrar. It is well known that during the time when an advertisement is issued and by the time when process of selection starts and ultimately appointment orders are issued, on account of several factors the number of posts may be increased, the factors being retirement of persons on attaining super annuation, death of several employees, promotion of the employees to higher posts and for variety of other grounds. In such contingencies, when appointments are made depending upon the vacancies available and in excess of the vacancies advertised, it cannot be said that the appointment has been made in excess of the strength of the cadre approved. There is neither any allegation nor any material to sustain the finding of the Registrar that in fact appointment has been made in excess of the posts approved by the Registrar. The said conclusion, therefore, must be held to be a conclusion based on no evidence and accordingly cannot be sustained. (emphasis supplied) 9. On the other hand, the learned counsel for the respondents relied on two judgments of the Supreme Court reported in Surender Singh and Others v. State of Punjab and Another Surender Singh and Others v. State of Punjab and Another Surender Singh and Others v. State of Punjab and Another, AIR 1998 SC 18 : (1997) 8 SCC 488 wherein it has been held that “waiting list cannot be used as a perennial source of recruitment for filling up the vacancies not advertised. The candidates in the waiting list have no vested right to be appointed except to the limited extent that when a candidate selected against the existing vacancy does not join for some reason and the waiting list is still operative. The candidates included in the waiting list cannot claim appointment on the ground that the vacancies were not worked out properly. 10. The candidates included in the waiting list cannot claim appointment on the ground that the vacancies were not worked out properly. 10. The learned counsel would further rely upon the decision reported in Ashok Kumar and Others v. Chairman, Banking Service Recruitment Board and Others Ashok Kumar and Others v. Chairman, Banking Service Recruitment Board and Others Ashok Kumar and Others v. Chairman, Banking Service Recruitment Board and Others AIR 1996 SC 976 : 1996 (1) SCC 283 : 1996-I-LLJ-1103 wherein, it has been held that “The recruitment of the candidates in excess of the notified vacancies is a denial and deprivation of the constitutional right under Article 14 read with Article 16 (1) of the Constitution. The procedure adopted, therefore, in appointing the persons kept in the waiting list by the respective Boards, though the vacancies had arisen subsequently without being notified for recruitment, is unconstitutional. However, since the appointments have already been made and none was impleaded, we are not inclined to interfere with these matters adversely affecting their appointments. 11. In view of the above, the learned counsel for the respondents vehemently submitted that if a particular number of vacancies have been notified, the selection list drawn to the extent of that vacancy will remain valid till it is exhausted. When the impugned selection list is tainted by illegality, the question of application of O.M. Dated 8.2.1982 does not apply. There is nothing against the directions of the Central Government in the impugned order of the Tribunal. 12. Learned counsel appearing for the respondents would further submit that the decision in 1998 (5) SCC 269 has no relevance to the case of these respondents, as the same relates to the extent of reservation. In so far as the selection list drawn for 44 vacancies as against 21 vacancies notified, it is palpably illegal and against the law declared by the Supreme Court. By having drawn this selection list double the vacancies notified including vacancies that arose long after the crucial date fixed for eligibility, opportunity to persons like these respondents who become qualified for participating the selection subsequent to 1.7.1994 has been denied. The Honourable Tribunal has rightly held that the selection list so prepared should be set aside and confined to the number of notified vacancies. 13. The Honourable Tribunal has rightly held that the selection list so prepared should be set aside and confined to the number of notified vacancies. 13. Considering the facts and circumstances of the case and after careful perusal of the order passed by the Tribunal, we are of the opinion that the Tribunal has rightly rejected the challenge made to the conditions contained in the notification relating to LDCs with three years of continuous service and in case of ex-servicemen with 15 years of defence service are eligible to appear for the competitive examination. We entirely agree with the reasons given by the Tribunal while rejecting the contention of the original applicants that the criteria of eligibility fixed by the Government in case of LDCs and the ex-servicemen vertised, 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 extraordinary jurisdiction, invalidate the excess appointments and may mould the relief in such a manner as to strike a just balance between the interest of the State and the interest of persons seeking public employment. What relief should be granted in such cases would depend upon the facts and circumstances of each case.” (emphasis supplied) 7. He further contended that the petitioner is entitled to fill up the vacancy which was subsequently arose from the date of notification due to retirement and such a selection cannot be find fault. 8. What relief should be granted in such cases would depend upon the facts and circumstances of each case.” (emphasis supplied) 7. He further contended that the petitioner is entitled to fill up the vacancy which was subsequently arose from the date of notification due to retirement and such a selection cannot be find fault. 8. Learned counsel further relied upon the decision reported in Benny T. d. and Others v. Registrar of Cooperative Societies and Another, AIR 1998 SC 2012 : 1999-I-LLJ-527 : (1998) 5 SCC 269 wherein the Apex Court has held that at p.536 and 537 of LLJ : “Though the High Court dismissed the writ petition as well as the writ appeals preferred against the judgment of the learned Single Judge by coming to the conclusion that there has been violation of sub-section (4) of Section 80 of the Act and Rule 187 of the Rules, the Registrar had annulled the resolutions of the Bank appointing persons to the post of Clerk on other grounds also and since the legality of the order of the Registrar invalidating the appointment made was challenged in the High Court by filing writ petitions, it is necessary to examine the other grounds also. A perusal of the order of the Registrar and the issues framed for consideration would indicate that the Registrar had also struck down the appointment on two other grounds, namely, the Bank had appointed staff in excess of the approved strength and secondly the advertisement was not in accordance with Circular Instruction No.18 of 1991 of the Registrar of Co-operative Societies. Coming to the question as to whether appointment had been made in excess of the staff strength approved by the Registrar, it appears that apart from the above statement made by the Registrar in his order no material has been brought on to the record to support the aforesaid conclusion of the Registrar. Merely because in the advertisement issued by the Bank the probable number of vacancies had been indicated to be lesser than the number of persons finally appointed, one cannot jump to the conclusion that there has been an excess appointment beyond the staff strength approved by the Registrar. Merely because in the advertisement issued by the Bank the probable number of vacancies had been indicated to be lesser than the number of persons finally appointed, one cannot jump to the conclusion that there has been an excess appointment beyond the staff strength approved by the Registrar. It is well known that during the time when an advertisement is issued and by the time when process of selection starts and ultimately appointment orders are issued, on account of several factors the number of posts may be increased, the factors being retirement of persons on attaining super annuation, death of several employees, promotion of the employees to higher posts and for variety of other grounds. In such contingencies, when appointments are made depending upon the vacancies available and in excess of the vacancies advertised, it cannot be said that the appointment has been made in excess of the strength of the cadre approved. There is neither any allegation nor any material to sustain the finding of the Registrar that in fact appoint are illegal and arbitrary. Therefore, the writ petitions challenging that part of the Tribunal's order is dismissed. 14. Now coming to the order passed by the Tribunal setting aside the select list dated 15.11.1996 and directing the Government to draw a fresh select list for the notified 23 vacancies, we are of the considered view that the order passed by the Tribunal is liable to be quashed. Though the general rule is not to prepare a select list with more number of candidates as against the number of vacancies notified in the advertisement, but in view of the aforesaid judgments of the Supreme Court, in rarest of rare cases when the Government has taken a policy decision to meet the administrative exigencies and prepared a select list to fill up more number of vacancies than the notified one, such a select list cannot be interfered with. In the case on hand, though the notification was issued in the April, 1994, it took more than two and a half years to complete the entire selection process in August, 1996, and in the interregnum, a large number of vacancies arose due to retirement, etc. In the case on hand, though the notification was issued in the April, 1994, it took more than two and a half years to complete the entire selection process in August, 1996, and in the interregnum, a large number of vacancies arose due to retirement, etc. and the vacancy as on the date of preparation of the select list increased to 44 and, therefore, the Government prepared the select list for 44 vacancies from among the successful candidates who appeared for the competitive examination. It is further stated by the learned Government Pleader that pursuant to the select list prepared all the 44 candidates have been appointed as UDCs and they are working for more than nine years. He further submitted that except one private candidate and one LDC, all the original applicants concerned were promoted as UDCs and, therefore, they are not aggrieved persons as on date. If at this length of time, the select list is quashed that would cause serious hardship not only to the selected candidates but also the administration of the Government. Therefore, we are of the considered view that the Tribunal completely went wrong in setting aside the select list and directing the preparation of a fresh select list. Accordingly, the order of the Tribunal is quashed. The writ petitions challenging that part of the Tribunal's order are allowed. 15. In the result, Writ Petition Nos.5525 and 6046 of 2000 are allowed and Writ Petition Nos.6503 and 6504 of 2000 are dismissed. No costs. W. P. Nos. 5525 and 6046, allowed and W. P. Nos. 6503and 6504, dismissed.