RAJESH SINGH RANA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Siddhartha Khare for the petitioner, learned Standing Counsel for respondent Nos. 1 to 3 and Sri M.A. Qadeer, learned Senior Advocate for respondent No. 4.

(2.) As agreed and requested by learned counsel for the parties, the writ petition has been heard and decided under the rules of the Court at this Stage.

(3.) The facts in brief giving rise to the dispute in the present writ petition are that the respondent No. 4 i.e. U.P. Public Service Commission (hereinafter referred to as "Commission") published an advertisement No. A-1/E-1/2001 notifying Combined State/Subordinate Service (Preliminary) Examination, 2001 for several categories of posts including 57 posts of Executive Officers, Nagar Panchayat. It is a Group "C" post as per the categorization made by the U.P. Government. Seven posts of Executive Officers, out of 57, were notified as 'reserved' for the candidates belong to the category of 'Scheduled Tribes'. The petitioner belongs to "Tharu" caste which was notified as Scheduled Tribe in the undivided State of U.P. and was issued a caste certificate dated 13th April, 2000 by Tehsildar Khateema. District Udham Singh Nagar, the native place of the petitioner. The petitioner pursuant to the said advertisement applied and was allotted Roll No. 109643. The preliminary examination was held on 3rd June, 2001 which the petitioner qualified as per the communication dated 2nd July, 2001. Main examination was held on 28th September, 2001 and onwards wherein also the petitioner qualified and thereafter he was interviewed on 7th September, 2002. It appears that the Commission required the petitioner, at the time of interview, to submit a fresh caste certificate issued by an authority in the State of Uttar Pradesh after its reorganization into State of Uttaranchal and State of U.P. pursuant to State Re-organization Act, 2000. The petitioner received such, certificate at Gorakhpur as his father at that time was posted thereat and send it to the respondent No. 4 vide his letter dated 17th October, 2002. Final result was declared in the daily newspapers Dainik Jagran dated 28th November, 2003 wherein the petitioner's name and roll number was also mentioned in the list of the candidates selected for the post of Executive Officer, Nagar Panchayat. However, his selection was shown 'provisional'. The petitioner thereafter received a letter dated 12th January, 2004 issued by the Section Officer of the Commission stating that he has not submitted requisite caste certificate though he had assured to do so by 20th October, 2002. therefore he should furnish such certificate by 30th January, 2004, else his candidature shall be cancelled. Though the petitioner had already sent the caste certificate vide his letter dated 17th October, 2002 yet he applied for a fresh caste certificate and sent a letter dated 22nd January, 2004, by Speed Post, to the Commission, stating that the process of preparing caste certificate is going on and as soon as it is available, shall be submitted, therefore, the time provided in the letter dated 12th January, 2004 be extended. The petitioner's father in 2004 was posted at Gonda therefore the petitioner applied for caste certificate before Tehsildar, Gonda. He was issued such certificate on 10th June, 2004, copy whereof is on record as Annexure 9. The petitioner claimed that he tried to submit said certificate in the office of Commission but the Commission refused to accept and ultimately it was sent by Speed Post alongwith letter dated 2nd August, 2004 (Annexure 10 to the writ petition). Thereafter the petitioner repeatedly requested the respondents to clear his selection and recommend his name for appointment but having failed to receive any reply, filed the present writ petition seeking a mandamus commanding the respondents to appoint him as Executive Officer, Nagar Panchayat in pursuance of his selection in U.P. Combined/ Subordinate Services Examination, 2001 within such period as specified by this Court treating him as a Scheduled Tribe candidate. Subsequently by amendment, prayer No. (iv) has been added and thereby the petitioner has sought a writ of certiorari for quashing the order dated 1st April, 2004 of U.P. Public Service Commission of which the petitioner claims to have acquired knowledge from the counter-affidavit filed by the Commission.