STATE OF UTTAR PRADESH Vs. DINA NATH SHUKLA

JUDGEMENT

(1.) Leave granted. We have heard the counsel on both sides.

(2.) This appeal by special leave arises from the judgment of the Allahabad High Court, made on 3-5-1996, in C. M. W. P. No. 12592 of 1995, (reported in 1996 All LJ 1579). The legislature of Uttar Pradesh enacted the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (for short, the "Act"). Advertisement was issued by the University of Allahabad on January 30, 1995 inviting applications from all eligible persons for posts of Professors, Readers and Lecturers including the posts reserved for Scheduled Castes (for short, the 'Dalits') Scheduled Tribes (for short, the 'Tribes') and Other Backward Classes (for short, the 'OBCs'). A clarification was issued by the Government on April 19, 1995 stating that for recruitment to the posts of Professors, Readers and Lecturers, University or College is treated as a unit and the recruitment would be made applying the rule of reservation for the Dalits, Tribes and OBCs in respect of all the posts. That came to be questioned in the writ petition. The Division Bench has held that the said notification was bad in law. Thus, this appeal by special leave.

(3.) Shri Rakesh Dwivedi, learned Advocate General has contended that the view of the High Court is not correct in law. As most of the subjects there are single posts of Professors, Readers or Lecturers in the University/College and if recruitment is made to each single post, there would be total prohibition on application of rule of reservation for the Dalits, Tribes and OBCs, therefore, for making appointment by direct recruitment to the posts/services, the instructions came to be issued. The Government, therefore had clarified that entire University/College should be taken as a unit for the purpose of recruitment to the posts of Professors, Readers and Lecturers and the posts should be fused as three separate categories for application of the rule of reservation. The clarification issued by the Government is, therefore, consistent with the provisions of the Act. He, in particular, makes reference to Section 2(c) (iv) read with Section 3(5) of the Act.