ANURAG PATEL Vs. U P PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Leave granted in Special Leave Petition nos. 24015 of 1993 and 2197 of 2004.

(2.) In the year 1990, the Uttar Pradesh public Service Commission (for short 'the u. P. P. S. C. ') conducted a combined State services/upper Subordinate Services (Preliminary) examination for selection to various posts such as Deputy Collectors in U. P. Civil (Executive) services, Dy. Superintendent of Police in U. P. Police Services, Treasury Officers/account officers in U. P. Finance and Accounts services, Sales Tax Officers, Asstt. Transport officers, District Supply Officers and various other posts. Pursuant to the advertisement made by the U. P. S. C. , a large number of candidates appeared for selection and the U. P. P. S. C. Published the list of selected candidates in August, 1992. Altogether 358 posts in various categories were filled up. The candidates belonging to the Backward Classes were entitled to get reservation in selection in respect of 57 posts in various categories, out of a total number of 358 posts. The posts in each category of services are filled up by choice of the candidate and the person who secured higher position in the merit list would opt for U. P. Civil (Executive) service and those who cannot get the higher and important category of service have to be satisfied with posts in services of lesser importance. In each category of service posts were reserved for Scheduled Caste/scheduled tribe, Backward Classes and handicapped persons etc. The candidates belonging to SC/st and Backward Classes get selected to the seats (posts) earmarked for general candidates. The u. P. S. C. treats such candidates in the general category and allot them to various services depending upon the rank secured by them in the select list and SC/st and B. C. Candidates, who got lower rank in merit lists of general candidates would get only posting in lesser important service. However, the SC/st and B. C. Candidates who got selection to the posts reserved in each category eventhough they secured lesser rank in the whole select list would get appointed to reserved posts in each category. This mode of appointments caused serious injustice to candidates who applied for post in the reserved category, yet they got selection to the general seats (posts) as they were meritorious and were entitled to get selection along with the general candidates. However, their merit and ability did not pay any dividends as they got appointment only to lesser important posts.

(3.) The said anomaly is easily discernible from the following facts: the 3rd respondent i. e. Rajesh Kumar chaurasia in C. A. No. 4794/98, who secured 76th place in the select list, filed a Civil Miscellaneous writ Petition No. 46029 of 1993 before the High Court of Allahabad contending that he was appointed as a Sales Tax Officer, although the appellant in C. A. No. 4794/95 i. e. Nanku Ram (Anurag Patel) who was also a backward Class candidate, was appointed as a deputy Collector, who according to the 3rd respondent, had secured 97th rank in the select list, a rank lower than him. Similarly, 8 persons -all belonging to Backward Classes, who find their names in the select list filed writ petition No. 22753 of 1993 alleging that they were entitled to get postings in higher cadre of service as the persons who secured lower rank in the select list were given appointment to higher posts. The first petitioner in the writ petition i. e. Shri Rama Snaker Maurya and the 2nd petitioner i. e. Shri Abdul Samad were at serial Nos. 13 and 14 in the select list. According to these petitioners, persons lower in rank who got appointment in the reserved category were given postings on the ground that those posts were earmarked for being appointed in class II services.