R K PAL Vs. STATE OF U P

JUDGEMENT

(1.) Common questions of law and facts are involved in these petitions and, therefore, it would be convenient to dispose of the petitions by a composite judgment. Heard Counsel for the petitioner and the Standing Counsel representing the State authorities.

(2.) A condensed account of necessary facts is that the process or recruitment to the post of Cane Supervisor in Deoria Region was stayed by the respondents upon the supposition that the rule of reservation as envisaged in the U.P. Public Services. (On posts Reservation for Scheduled Caste, Scheduled Tribes and Other Backward Class) Act, 1994 was not properly applied. It appears that a writ petition being Civil Misc. Writ Petition No. 3622 of 99 was filed laced with the allegation that the rule of reservation was not properly applied to the vacancies. Although the final result of selection was published, issuance of appointment letter was forestalled because of the interim order dated 24.8.99 passed in Writ Petition No. 36221 of 99. The said writ petition has since ended in dismissal as not pressed vide order dated 17.1.2000 the necessary consequence of which was that the interim order dated 24.8.99 issued earlier in that writ petition, stood automatically discharged. Even otherwise the interim order was operative only to the effect that if any appointment was made, the same would be subject to the final order. However, since the writ petition has already been dismissed, the interim order passed in writ petition No. 36221 of 99 would not operate as an obstacle in the way of issuance of the appointment letters. Sri A.P. Sahi has stated across the bar that appointment letters have already been issued but they have been made subject to the final decision in the writ petition on hand. The State Government on 21.3.99 has already issued an order directing the Cane Commissioner, U.P. to ensure compliance of the rule of reservation as envisaged in U.P. Act 4 of 1994. It brooks no dispute that carried-forward vacancies will be entirely to the reserved categories and in respect of other vacancies the rule that reservation should not exceed 50% has to be applied. Similarly, a reserved category candidate selected on merit will not be counted in the quota reserved for such class of candidates.

(3.) As a result of foregoing discussions, the Writ petitions aforestated are, therefore, disposed of attended with the direction that the Cane Commissioner shall ensure compliance of the Government order dated 31.3.99 and in case, it is found that rule of reservation as embodied in U.P. Act 4 of 1994 has been enforced in obedience, the appointment would be made absolute otherwise the select list will be suitably, modified in the light of the observation made in this judgment and the provisions contained in Section 3 of the U.P. Act 4 of 1994. In either event, a reasoned order shall be passed by the appointing authority written a month from the date of production of a certified copy of this order.