PRASHANT KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) ON a reference dated 20.3.2002 made by the Division Bench in writ petition No. 20476 of 2001, Prashant Kumar Vs. State of U.P. and others, we have framed the following questions to be decided in the matter:-

(2.) ALL the petitioners and private respondents appeared in the Combined State Subordinate Civil Service Examination, 2000 held by U.P. Public Service Commission. The Advertisement No. A-1/E-1/2000 inviting applications for selections was published by the Commission on 7.1.2000. The last date of submission of the forms was 28.1.2000. It was extended to 8.2.2000. The preliminary written examination was taken on 28.5.2000. The main written examination was taken on 11.10.2000 and 17.10.2000. The interviews were held on 21.4.2001, and the final result was declared on 16.5.2001.

(3.) IN Writ Petition No. 23193 of 2000, Km Amrita Singh and another Vs. State of U.P. and others, the same benefit of reservation as ''Jaat' as Other Backward Class vide Notification dated 10.3.2001 was claimed in the same examination. The Bench hearing the matter at Allahabad relied upon the provisions of Section 15 of U.P. Act No. 4 of 1994, and held that the process for selection shall be deemed to be initiated when the written test was taken. The preliminary written test was held on 28.5.2000, hence the petitioners were entitled to the benefit of reservation of 'Other Backward Class'. It was observed that if there are OBC candidates, who are more meritorious than the petitioner, then obviously the petitioners can be appointed only if such more meritorious candidates are absorbed and there are still some vacancies left in the reserved category of OBC.