JAGDAMBA PRASAD SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE core question that falls for determination in these cases is what is the percentage of reservation for Backward Classes applicable to the recruitment in question? To be more specific, whether it is 15 per cent as prescribed under the U. P. Public Services (Reservation for Backward Classes) Act. 1989 (U. P. Act No. 21 of 1989) or 27 per cent as prescribed under the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (U. P. Act No. 4 of 1994).

(2.) THE factual backdrop of the case necessary for appreciating the contentions raised in the case may be stated thus on 4th of October, 1991, an advertisement was issued by the State of Uttar Pradesh inviting applications for the purpose of filling up of 475 posts of male Sub-Inspectors and 50 posts of female Sub-Inspectors in the State on direct recruitment basis. Subsequently, by means of corrigendum the number of vacancies were increased to 570 in respect of males and 60 posts in respect of females. For the purpose of selection, the candidates were to appear for (a) preliminary examination ; (b) physical test ; (c) written examination (main); (d) medical tests and (e) interview.

(3.) THE gist of the case of the petitioners was that the action of the State Government in cancelling the selection process, in which considerable progress had been made and which was about to be completed, was wholly arbitrary, without any rational basis and justification. It was the further case of the petitioners that they had acquired a right to be considered for appointment to the posts in question on the basis of the selection process which had been initiated and which was continuing when the illegal order of cancellation was passed: