JAINARAINRAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel for the appellant and the State. For the recruitment in the 15 posts of Treasury Officers-Accounts Officers in U.P. Finance and Accounts Services, Sales Tax Officers (posts) and Regional Audit Officers (posts) advertisement was made in 1988. Out of 15 posts in the Treasury Officers-Account Service, 4 posts were reserved for members of the Scheduled Castes. It would appear that as a result of competitive examination conducted by the P.S.C., the last candidate selected for these 4 posts was one Anil Kumar Raj who secured 361 marks in written examination and 39 marks in personality test out of 400 marks. The P.S.C. had recommended the names of four candidates. As a result, the appellant and three others- one Balkesh Singh, Bali Ram Prasad, Amar Singh, who secured 347+53 (total marks), and the appellant 351+48 (total 399 marks), could not be recommended, as there was no request by the Government for putting them in the waiting list. Since they could not be appointed, the appellant had approached the High Court for a writ of mandamus or direction to the P.S.C. to recommend his name for appointment in the Accounts Service. The High Court dismissed the writ petition No. nil of 1992 by order dated December 4, 1992 on the ground that the petitioner was not intimated that he was selected. Since there was no information that he was put in the select list, direction could not be given to appoint him as Accounts Officer in Accounts Service.

(3.) In the counter-affidavit filed by the P.S.C. it was stated that since four posts were reserved for the scheduled Castes and the last candidate Anil Kumar Rai was already selected and recommended for appointment, and as there was no request by the State Government for preparation of waiting list for the vacant posts reserved for the Scheduled Castes, the names of the appellant and the aforesaid three persons could not be recommended for appointment. It is stated in the counter-affidavit filed by Behari Lal Special Secretary, Karmik Anubhag Secretariat, U.P. that since the appellant was not recommended nor found qualified for appointment, he could not claim any appointment.