MANJULA SIRCAR Vs. HARENDRA BAHADUR SINGH

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) In the interview held for appointment to the posts of Civil Judge (Jr. Division) by the Uttar Pradesh Public Service Commission in pursuance of the advertisement issued by the Public Service Commission under U. P. Nyayik Sewa Civil Judge (Junior Division) Examination, 1999 dated 1-8-1999, the candidates inclusive of the appellants and the contesting respondent were selected. By Government Order dated 26-2-1999, it was decided to provide reservation for women to the extent of 20 per cent in the appointments, and in pursuance thereof giving effect to 20 per cent reservation the appellant-women candidates were appointed. There was a challenge by filing a writ petition in the High Court of Judicature at Allahabad by a candidate selected but could not be appointed because of the 20 per cent reservation given to the women candidates. The Division Bench of the High Court by its order dated 27-7-2001 has held that there could not be any reservation for women in the instant selection as there has been no consultation at all with the High Court for providing such reservation, and as a consequence thereof gave direction for rearranging the list of finally selected candidates in order of merit without givingt benefit of 20 per cent reservation for women to the women candidates. The net result of that direction would be that the appellant-women candidates who were selected and appointed would not be selected.

(3.) During the pendency of proceedings before the High Court when the fact was brought to the notice of the High Court that the women candidates have been issued appointment letters, the Division Bench of the High Court directed that all the appointments made during the pendency of the writ petition shall be subject to further orders of the Court.