RAM SWAROOP AHIRWAR Vs. STATE OF U P

JUDGEMENT

(1.) -These writ petitions have been filed for seeking direction to the respondents to consider the petitioners for appointments as Ayurvedic Medical Officer in pursuance to the Advertisement No. 1 of 2003-04 (Annexure-6), issued by the U. P. Public Service Commission exempting the petitioners from the upper age limit provided in the said Advertisement, or to grant relaxation in upper age limit for their consideration for the aforesaid post.

(2.) FACTS and circumstances giving rise to the case are that an Advertisement dated 11.7.1996 was issued by the U. P. Public Service Commission inviting application for filling up 389 posts of Ayurvedic Medical Officers from amongst scheduled caste candidates for filling up the backlog of vacancies belonging to the said reserved category. Petitioners applied in pursuance of the said Advertisement and after completing selection in accordance with law their names were included in the select list published by the Commission on 9th June, 1997. However, no appointment letter could be issued to either of the successful candidates because of the interim order passed by this Court in Writ Petition No. 30542 of 1996, wherein the said Advertisement had been challenged as provided for 100% reservation for scheduled caste candidates. This Court vide judgment and order dated 20.5.1998 quashed the said Advertisement while allowing the writ petition and further directed the re-advertise the said vacancies. Being aggrieved some of the successful candidates approached the Hon'ble Supreme Court by filing the Special Leave Petition No. 14567 of 1998, Satish Kumar and others v. State of U. P. and others, and the same was dismissed by the Hon'ble Apex Court by order dated 11.9.1998. The 81st Amendment Act, 2000 was passed on 9th June, 2000 inserting Clause 4B in Article 16 of the Constitution providing procedure for filling up the backlog of vacancies for reserved categories. Vide impugned Advertisement dated 21/27th June, 2003, 481 posts of Ayurvedic Medical Officers have been advertised only for the scheduled castes candidates and it included 389 vacancies advertised on 11.7.1996. However, petitioners have become overage and are not eligible to apply against the said Advertisement. Hence these petitions.

(3.) WE have considered the rival submissions made by the learned counsel for the parties and perused the record.