SURESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present writ petition filed under Article 226 of the Constitution of India,1950, the petitioner, Suresh Kumar Singh, seeks a writ, order or direction in the nature of certiorari quashing the order dated 16 -12 -1994 passed by the Controller of Exams, U.P. Public Service Commission, Allahabad, respondent No. 3, filed as Annexure 2 to the writ petition as also the appointment of Sri Biodhan, respondent No. 4. He further seeks a writ, order or direction in the nature of certiorari quashing the decision taken by the respondent No. 3 to give placement to Sri Biodhan, respondent No. 4 above the petitioner in the select list and to recommend the name of the petitioner for appointment on the post of Naib Tahsildar in the select list of 1979 batch by creating a supernumerary post. Further a writ, order or direction in the nature of mandamus is sought directing the respondent No. 2 (Secretary, Revenue Services, Lucknow) to appoint the petitioner after he receives the recommendation from respondent No. 3 on the post of Naib Tahsildar retrospectively and fix his pay notionally from the date his junior Sri Biodhan, respondent No. 4 was appointed as Naib Tahsildar. Briefly stated the facts giving rise to the present writ petition are as follows:

(2.) ACCORDING to the petitioner, he had appeared in the written examination as well as interview conducted by the U.P. Public Service Commission, Allahabad in the Combined Lower Subordinate Services Competitive Examination, 1979. In the Notification No. A -10 -E -IV/78 -79, at serial No. 20, the total number of 185 posts of Naib Tahsildar were to be filled up out of which 28 were reserved for being filled up from amongst the candidates belonging to the backward class. The petitioner was allotted Roll No. 40686. He gave his first preference for the post of Naib Tahsildar and the second preference for the post of Entertainment Tax Inspector. He qualified in the written test. He was called for the interview. He scored 253 marks in the written test and 56 marks in the interview, i.e., 309 marks. Sri Biodhan, respondent No. 4 obtained 252 marks in the written test and 57 marks in the interview, i.e., total of 309 marks. However, the petitioner was placed just below the respondent No. 4 by the U.P. Public Service Commission, Allahabad.

(3.) I have heard Sri Ashok Khare, learned Senior Counsel for the petitioner and the learned counsel appearing for the respondents.