YASWANT KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) BY means of the present writ petition under Article 226 of the Constitution of India, the petitioner, a Schedule Caste candidate, duly selected, after qualifying in written examination and facing interview as as Assistant Engineer (Civil), by U.P. Public Service Commission in the select list dared 15-1-1992, challenges the order dated 25-4-92 passed by State Government disapproving the said Select List recommended by the Commission.

(2.) BEFORE we proceed to examine the case, on merits, it is necessary to summarise the facts leading to the filing of the present writ petition.

(3.) THE State Government, vide impugned order dated 25-4-1992 has refused to grant approval to the Select List of Assistant Engineer (Civil) dated 16-1-1992 recommended by the UPPSC only on the ground that since the entire posts fell within the purview of reservation quota, the same is liable to be filled in only by the candidates belonging to members of Scheduled Caste. THE aforesaid order has been issued pursuant to such decision taken by the Government on 23rd December, 1991. THE impugned order, since makes interesting reading, especially in the background of the present case, as well as looking into the object it seeks to achieve, hence is reproduced below :-