STATE OF UTTAR PRADESH Vs. ONKAR NATH TANDON

JUDGEMENT

(1.) Special leave granted.

(2.) Heard counsel on both sides. We do not think that the impugned order of the High Court can be sustained. The respondent No. 3 (the original petitioner in the writ petition before the High Court) joined service as Lower Division Assistant in 1949 and after a competitive examination conducted by the State Public Service Commission (for short 'PSC') he was confirmed as Lower Division Assistant in 1953. In the course of service he was transferred to the Vidhan Sabha Sachivalaya as Lower Division Assistant. Respondent No. 1 Onkar Nath and respondent No. 2 Krishna Das Rastogi were also selected after a competitive examination conducted in 1953 as Lower Division Assistants in the Vidhan Sabha Sachivalaya. The appointments of respondents Nos. 1 and 2 were, however, made after that of respondent No. 3 since the latter was already in service. Respondent No. 3 was, therefore, senior to respondents Nos. 1 and 2.

(3.) In 1977 selection for confirmation to the post of Section Officer was held by the PSC against seven permanent posts. Out of those considered by the PSC six persons were found fit and they were appointed as Section Officers. Respondent No. 3 was found unfit and, was rejected. One post which was reserved for Scheduled Caste candidates was not filled as no suitable candidate from that class was available.