CHUNNI LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. S.K. Kalia, Senior Advocate, duly assisted by Mr. Vidhu Bhushan Kalia, learned Counsel for the petitioner, Ms. Bulbul Godiyal, learned Additional Advocate General, appearing on behalf of the State of U.P. and Mr. Rajnish Kumar, learned Counsel for the U.P. Public Service Commission.

(2.) In order to make selection for appointment to various State Services, Combined State Service Examination, 1985 was conducted by the U.P. Public Service Commission in consonance with the Government Order dated 20.8.1977 issued by the State Government, which provides reservation in favour of the Backward Classes apart from the reservation made for other categories. In the aforesaid examination, the petitioner appeared and had given his preference for the post of P.C.S. (Executive) i.e. Deputy Collector. The result of the aforesaid examination was declared on 18.4.1987 by the U.P.Public Service Commission [hereinafter referred to as the "Commission"]. On 17.6.1987, the Commission sent its recommendation to the State Government. The procedure adopted by the Commission for the allotment of service cadre to the successful candidate is merit list, subject to the preference of candidates and also taking into consideration the reservation quota, viz. the candidate securing highest marks in the merit list is offered service/cadre of P.C.S. (Executive) i.e. Deputy Collector, whereas the candidate next placed in the merit list is offered service/cadre of Deputy Superintendent of Police and next in the merit list is offered other services/cadre.

(3.) According to the petitioner, two candidates selected in the aforesaid examination for the services/cadre of Deputy Collector, namely, Sri Ram Subhag Singh (General Category) and Sri Ramesh Kumar Yadav (Backward Category), vide letters dated 23.1.1988 and 16.4.1988, shown inability/declined to join the State Services as they were selected for All India Services. Accordingly, the State Government asked the Commission to take necessary action and sent the name of two other candidates for appointment on the post of Deputy Collector in order of merit from the respective categories. In pursuance to the aforesaid demand made by the State Government, the Commission sent the name of petitioner being on the top of the merit list of the candidates belonging to Backward Class for appointment on the post of Deputy Collector in lieu of vacancy caused by non-joining of Sri Ramesh Kumar Yadav vide letter dated 22.11.1988.