UDAI Vs. STATE OF U P

JUDGEMENT

(1.) THOUGH this petition under Article 226 of the Constitution of India the petitioners challenge the impugned orders dated 16 -10 -2003 (Annexures 3, 4 and 5 to the writ petition) passed by respondent No. 2, U.P. Public Service Commission separately against them.

(2.) IT is contended in the petition that the petitioners had applied through their applications meant for selection to the posts for which the competitive test of Combined State/Subordinate Services (Preliminary) Examination 2003 is proposed. The applications were duly filled and sent by the petitioners to the Commission and subsequently it was intimated to them that their candidatures have been rejected. The petitioners claim themselves to belong to 'Bhar community which is treated to be Scheduled Caste and they were categorized as de -notified tribes. According to them they had filled up their computerized form, but their candidatures have been rejected vide the aforesaid Annexures 3, 4 and 5 stating that the forms filled by them is not in proper proforma. They further contend that the from in its proforma was supplied by the respondent/Commission itself. Since they are de -notified tribes, they have filled the form accordingly in that manner.

(3.) THE original application form for the preliminary test for the aforesaid competitive examination of all the three petitioners have been presented before us by Sri Pushpendra Singh and it has been shown that the column No. 8 -A which requires information from the candidates about their community, has sub -columns of General, S.C., S.T. and OBC. It is obvious that the petitioners have filled it claiming themselves to be de -notified tribes. This class of community as has been depicted by the petitioners in column No. 8 -A is not a recognized category for the purposes of filing the form of the aforesaid preliminary test. Sri Pushpendra Singh, has emphasised that because there are boxes meant for being filled up by the candidates in the aforesaid column and they have been left blank by the petitioners, the computer has rejected their forms. The form, as such, was required to be filled correctly and if any candidate without following to the procedure required for filling such form goes out of the way and mentions certain things which are not acceptable to the computer, the form has to be rejected. It is in such a situation that the respondent/Commission has rejected the form and sent information of the same to the petitioners.