DEVENDRA SINGH Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE State Legislature has enacted the U.P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex -Servicemen) Act, 1993, which is still applicable in the State of Uttarakhand. According to the said legislation, in public services and posts, 2% of vacancies shall be reserved at the stage of direct recruitment for dependents of freedom fighters. On 03.03.2012, the Uttarakhand Public Service Commission (hereinafter referred to as the Commission) issued an advertisement, by which 60 vacancies for the post of Forest Range Officer were advertised. In the said advertisement, it was mentioned that the dependents of freedom fighters shall be entitled to reservation to the extent of 2% in terms of the Government Order dated 18.07.2001 and Notification dated 07.11.2002. Similarly, 10% posts were reserved for 'Rajya Andolankaris' (State Agitators, who agitated for creation of State of Uttarakhand). The petitioner responded to the said advertisement and claimed benefit of reservation in the category of dependents of freedom fighters. He was issued Admit -Card; he appeared in the preliminary examination; and was declared successful. On 5th May, 2014, the result of the main examination was declared, in which the petitioner was declared successful. On 10.07.2014, final result of selection was published, in which, no one belonging to the category of dependent of freedom fighters was declared successful. However, in the note, it was mentioned that selection shall be subject to the final outcome of Writ Petition (S/B) No. 330 of 2013. Thereafter, the petitioner filed an application under the Right to Information Act before the Commission. The petitioner was informed by the Commission about the interim order dated 20th March, 2014 passed in Writ Petition (SB) No. 330 of 2013. In that writ petition, the following interim order was passed: -

(2.) DUE to the above interim order, the Commission did not consider the candidature of the petitioner for selection under the category of 'dependents of freedom fighters'. The result of Forest Range Officers was declared on 10th July, 2014. In the said result, the vacancy, which was earmarked for the candidates under the category 'dependents of Freedom Fighters', was treated as for general category candidates. Later on, on 26th September, 2014, the Writ Petition (S/B) No. 330 of 2013 was dismissed as withdrawn. Consequently, the interim order stood vacated. Another writ petition was also filed, titled as Writ Petition (PIL) No. 67 of 2011, in which also similar interim order was passed on 26th August, 2013, regarding posts relating to Rajya Andolankaries. That interim order is still continuing.

(3.) THE State Government, in regard to the candidates belonging to the category of 'Rajya Andolankaris', issued a communication to the Commission on 23rd December, 2014 for keeping the said post unfilled, but in respect of the dependents of Freedom Fighters, such communication was not sent. The Commission acted on the basis of the advice of the State Government and kept four posts vacant, which were earmarked for 'Rajya Andolankaris', but in regard to the candidates belonging to dependents of freedom fighters, the Commission filled up the post from general category candidates. When the petitioner's candidature was not considered under the category of dependents of Freedom Fighters, the present writ petition has been filed. In the case in hand, pleadings have been exchanged.