SHASHI KANT RAI Vs. STATE OF U P

JUDGEMENT

(1.) In this petition counter and rejoinder affidavits have been exchanged between the parties and learned counsel for the parties have agreed that this petition may be decided finally at this stage.

(2.) Two applications for impleadment have also been filed. First application is numbered as 71415 of 1997, which has been moved by Ram Swarup Ahirwar and the second application is numbered as 23563 of 1998 which has been moved by Dr.Satish Kumar and three others. Along with the second application counter affidavit has also been filed.

(3.) The important question for determination in this writ petition is as to whether the respondents could legally initiate special recruitment drive to fill up the entire backlog of the posts of reserved quota in respect of the entire cadre of the posts of Medical Officers (Ayurvedic/Yunani) in the State of Uttar Pradesh. Respondent no.2, namely U.P. Public Service Commission, Allahabad, by advertisement no.3/95-96 invited applications for the 47 posts of Medical Officers (Ayurvedic) out of which 42 posts were reserved for Scheduled Caste and 5 posts for Scheduled Tribes. Another advertisement no.1 of 1996-97 was issued inviting applications for appointment on 433 posts of Medical Officers (Ayurvedic). Out of the aforesaid 433 posts 389 posts were reserved for Scheduled caste and 44 posts for Scheduled Tribes. All the posts mentioned in the aforesaid two advertisements are in the pay scale of Rs.2200-4000. Petitioners claimed that they were selected for bachelor degree of Ayurvedic Medicines and Surgery, in short B.A.M.S., in combined pre-medical test held by the State Government in the year 1987-88 and passed their B.A.M.S. degree course in the year 1993 except petitioner no.4 who had passed the degree course in the year 1992. It has been claimed that all the petitioners passed their B.A.M.S. degree from the State Government Ayurvedic College and they have been duly registered with the Indian Medical Council. All the petitioners belonged to general category. As under the impugned advertisement no.3 of 1995096 and no.l of 1996-97 the candidates of general category have been excluded and 100 per cent reservation in favour of Scheduled Castes and Scheduled Tribes category has been provided, they have approached this Court for quashing the aforesaid advertisements which are Annexures 3 and 4 to the writ petition. It has also been prayed that respondents may be directed to advertise the vacancies in accordance with law and to hold selection from the open market giving equal opportunity to the candidates of the general category also.