R K SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of advertisement, published on february 22, 1989, the Deputy Director of Education, Agra invited applications for appointment of junior clerks against 40 vacancies. Provision for reservation in favour of Scheduled Castes/scheduled Tribes in accordance with the Government Order was also provided for by this advertisement.

(2.) AN information was also sent to this Employment Exchange regarding these vacancies. More than 7,000 candidates including the three petitioners applied before the Deputy Director of Education in pursuance of the aforesaid advertisement. As the post of junior clerk is a post, which requires knowledge of typing, typing test was held in October and november, 1989 in which more than 7,000 candidates including the petitioners appeared, as a consequence of which 700 candidates including the petitioners were declared successful in type-test and were called for interview before the Selection Committee. Interview was held by Selection Committee from December 14, 1989 to December 21, 1989. In this manner entire selection proceedings have been completed by December 21, 1989 and only a final result was to be declared.

(3.) HOWEVER, before the declaration of the result a telex, dated December 27, 1989 was sent by the Secretary to the Chief Minister, U. P. to all the District Magistrate, all Divisional Commissioner, U. P. , all Principal secretaries/secretaries, U. P. , all Principal, Heads of Departments, U. P. directing that excepting the appointment of Scheduled Castes and Scheduled Tribes no appointment shall be made in any department in the state of U. P. By this telex recruitments of Scheduled Castes and scheduled Tribes candidates have been allowed and appointments of every body else have been prohibited. Relevant extracts from the telex is quoted below :