CHHOTEY LAL PANDEY Vs. STATE

JUDGEMENT

(1.) <DJG>T.S.MISRA,J.</DJG> This petition under Art.226 of the Constitution challenging the reservation of posts in the State Judicial Service for Backward Classes and the dependants of freedom-fighters, the ex-detenus under MISA and DISIR and their dependants raise issues which are complex and indeed of far reaching consequences.

(2.) THE petitioners are Advocates and had appeared at the State Judicial Service Examination held in April, 1978 at Allahabad. The examination was conducted to fill 150 temporary posts of which 27 posts are reserved for Scheduled Castes, three posts are reserved for Scheduled Tribes, eight posts are reserved for the dependants of the freedom-fighters domiciled in Uttar Pradesh, twelve posts are reserved for disabled Officers of Military services and 23 posts are reserved for backward classes. The advertisement issued by the Public Service Commission also mentioned that the benefit of reservation of posts meant for the dependants of freedom-fighters would also be available to those persons who were actually detained under MISA or DISIR for six months and their dependants but this benefit shall not be available to those anti-social elements who were detained under MISA or DISIR or their dependants. Further, only those persons would be considered as freedom-fighters who had actually undergone imprisonment of six months or more. The petitioners have contended that the reservation for ex-MISA and DISIR detenus and their dependants as well as the dependants of freedom-fighters is wholly unconstitutional and arbitrary. According to the petitioners, some of the MISA detenus were in fact anti-social elements (although others were detained on political grounds) and, in any case, there is no rational basis for creating a reservation for them and their dependants. It is also stated that while under detention, the MISA detenus were being paid allowance under the MISA rule and, as such, they were getting economic support from the State. With regard to the dependants of the freedom-fighters it is stated that the reservation for them is also discriminatory since many of the freedom-fighters are today in a well placed position both socially and economically. Even those who are not well off economically are being paid allowance of Rs. 300/- per month by the State apart from what they earn on their own. Moreover, the relaxation in age with regard to the ex-MISA and DISIR detenus and their dependants as well as of the freedom-fighters is discriminatory. The petitioners also attack the reservation of posts for so-called "backward classes". According to a Government Order of the Government of Uttar Pradesh (Annexure-3 to the writ petition), "backward classes" comprises Ahirs, Kurmis and other castes mentioned therein. The petitioners allege that many of the so-called backward castes like Ahirs and Kurmis are not economically and socially backward. Many Ahirs, Kurmis and other castes mentioned in the G.O. are big farmers and are prosperous. Many are highly educated and are occupying high offices. Others are doing well in professions such as lawyers, doctors etc.; hence it cannot be said that the entire Ahir, Kurmi or other castes mentioned in the G.O. are a backward Class within the meaning of Art.16(4). There is no economic homogeneity in these castes. As such, the argument goes on, there is no rational basis for creating reservation for them which has only been done for political motives.

(3.) IN the first instance, the petitioners have alleged that in the said competitive examination bare Acts were to be supplied for the use of the candidates. They had come to know that some of the copies of Acts which were to be supplied to the candidates were Govt. publications which gave references to no rulings while some other copies would be of private publications which were annotated with citation of rulings. The petitioners, therefore, apprehended that those candidates who would be supplied copies of Govt. publications would be placed in a disadvantageous position as compared to those candidates who would be supplied privately published copies. They also stated that, according to the information rendered by the Joint Secretary to the U.P. Public Service Commission, no bare Acts would be supplied in Hindi. The petitioners alleged that they had throughout studied in Hindi medium in school, college and University and they would be discriminated against, along with other candidates like them, as against those candidates who had studied in English medium. A counter-affidavit on behalf of the Public Service Commission has been filed in the case denying that the copies of bare Acts published and printed by the private publishers contained citation of rulings and asserting that other private publications which were purchased by the Commission for being supplied to the candidates to the Munsifs examination did not contain any rulings. We find no reason to doubt the correctness of this averment made on behalf of the commission. So far as the contention regarding the supply of bare Acts in Hindi was concerned, it is to be noted that all the candidates are permitted to answer either in Hindi or in English and they have been given the liberty to answer the questions in Hindi or English. Moreover the petitioners who were the candidates for the State Judicial Service are expected to have the basic knowledge of English language. Most of the law reports are in English. Most of the legal literature is also in English. The petitioners were, therefore, expected to understand the bare Acts in English also. There was thus no discrimination in not supplying the Hindi version of the bare Acts to the petitioners. We therefore, find no force in the said contention of the petitioners and reject the same.