KRISHNA MOHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Whether the vacancies in the reserved categories, if remain unfilled in a general recruitment because of non joining of the selected candidates are to be treated as "unfilled vacancies" within the meaning of Section 3 (2) of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994(the Act) as amended, so as to warrant filling up such posts under a special recruitment drive, is the question mooted for consideration before the Court. Certain ancillary issues regarding right of the petitioners whose names find place in the merit list of candidates, who have qualified the written test and the interview, in a special recruitment drive, but were not ultimately selected, because of filling up of all advertised posts in that category, and the relief to which the petitioners are entitled to, are also subject matter of consideration.

(2.) The Electricity Service Commission, the third respondent issued an advertisement no.1/ESC/2006 on 19.04.2006 inviting applications for filling up 1021 posts of Junior Engineer (Apprentice) (Electrical), out of which 95 posts were reserved for Scheduled Castes, 38 posts for Scheduled Tribes and 309 posts for O.B.C. candidates (hereinafter referred to as 'General Recruitment 2006'). Pursuant thereto, the selections were made, but the unfilled vacancies numbering 70 (OBC-55; ST-15) were re-advertised on 20.8.2007 by an advertisement no.B-7/ESC/2007 by the third respondent for being filled up under a special recruitment drive (hereinafter referred to as 'Special Recruitment 2007'). The petitioners, who are 17 in number, participated in the Special Recruitment 2007 against 55 backlog posts reserved for OBC candidates. A merit list under the Special Recruitment 2007 was published on 1.9.2008. The petitioners were placed between serial no.55 to 75 (excluding serial no.71) in the merit list. The 55 posts reserved for OBC category candidates in the Special Recruitment 2007 were filled up by offering appointment to the candidates from serial no.1 to 54 and to the candidate at serial no.71 in the merit list, who, apart from being a candidate of OBC category, was given the benefit of horizontal reservation under the freedom fighter category. Out of 15 posts reserved for ST, only 4 could be filled up and the 11 posts remained vacant because of non availability of suitable candidates.

(3.) At this juncture, it is relevant to note that for the General Recruitment 2006, result was declared on 10.10.2007, followed by issuance of appointment orders on 5.11.2007, whereunder, the selected candidates were to join upto 27.1.2008. Later on, the joining time was extended upto 11.2.2008. Even after extension of the joining time, as many as 21 selected candidates did not join. The case of the petitioners is that these 21 posts are unfilled backlog of OBC category, and in view of Section 3(2), these were required to be filled up by a special recruitment drive. It is urged that the petitioners, whose names find place immediately below those of the selected candidates in the Special Recruitment 2007 were entitled to be offered appointment against these 21 posts. However, without considering the claim of the petitioners for appointment against these posts, the third respondent issued a fresh advertisement on 26.2.2011. It was a combined recruitment drive for filling up 468 posts of JE (Trainee) Electrical apart from other posts, under a general recruitment, and for 11 unfilled backlog of ST category, under a special recruitment drive. The breakup of these posts is as under :- <FRM>JUDGEMENT_37_LAWS(ALL)7_2015.html</FRM>