KAUSHAL KISHORE MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rajeshwar Tiwari, counsel for petitioner, learned standing counsel for respondent no. 1 and Sri Ajay Kumar representing respondent no. 2 and 3 and perused the record.

(2.) BACKDROP of the case is that U.P. Public Service Commission vide advertisement no. A -2/E -1/2003 notified vacancies for U.P. Judicial Service Civil Judge (Junior Division) for preliminary examination which was held on 31.3.2004. The petitioner was declared successful in the preliminary examination in which was held on 14.4.2005 onwards and result was declared on 2.5.2005. It appears that a number of petitions were preferred before the High Court, one being Writ Petition No. 28209 of 2005, Ashutosh Tripathi and others Vs. High Court of Judicature at Allahabad and others, in which final judgment was passed on 16.8.2005. It was observed by the High Court in the aforesaid judgment that 1% horizontal reservation is not permissible to the Ex Army personnel for the posts of group 'A' and 'B' according to the G.O. Dated 28.7.1999 and that out of total 347 vacancies advertised, 174 vacancies shall be filled up by the General category candidates and remaining 173 vacancies shall be filled up by the Reserved category candidates as reservation cannot exceed more than 50% of total number of the vacancies. On calculation one vacancy of the reserved category was transferred to the general category.

(3.) IT further appears from the record that the Commission in compliance of the Court order aforesaid, withheld recommendation of six vacancies i.e. three vacancies of Ex -Army personnel and one vacancy of the last selected candidates of each categories i.e. O.B.C., S.C. and S.T. It further requested the State Govt. vide its letter dated 17.4.2006 to send revised requisition in compliance of judgment and order of the High Court. Consequently, revised result was declared on 11.4.2006 in which petitioner was not found selected and he moved a representation dated 24.3.2006. It is in the aforesaid backdrop that this petition has been filed.