ANOOP MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a writ petition by the petitioner seeking a direction to the U.P. Public Service Commission, Allahabad (hereinafter referred to as 'Commission') to declare the petitioner as having been selected for the post of Assistant Commissioner (Trade/Commercial Tax) in the State Combined/ Upper Subordinate Services Examination, 2009 by treating three posts as belonging to reserved category of dependents of freedom fighters instead of two posts. Certain other reliefs have also been sought by the petitioner with regard to application of the scaling system and evaluation of the answer sheets.

(2.) Briefly stated the facts of the case are that an Advertisement No. A-1/E-A/209 dated 4.4.2009 was issued by the Commission inviting applications in respect of posts in the State Service known as the Combined State/Upper Subordinate Services Examination, 2009. The total number of posts were 754 although initially the advertisement only mentioned 100 vacancies but the same were subject to increase or decrease.

(3.) The case of the petitioner is that in his application form for the Main Examination, he had given first preference for the post of Deputy Collector, the second preference for Deputy S.P., the third preference for the post of Assistant Commissioner (Trade/ Commercial Tax) and the the fourth preference for the post of Treasury Officer/Account Officer. The further contention of the petitioner is that reservation to the dependents of freedom fighters has been provided in terms of the Provisions of the Uttar Pradesh Public Service Commission (Reservation for Physically Handicapped, Dependents of Freedom Fighters, an Ex-Servicemen ) Act, 1993 (Act, 4 of 1993). The reservation quota fixed for dependents of freedom fighters was 2%. This reservation was to be applied horizontally and not vertically.