AMRENDRA PRATAP SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All the above mentioned writ petition involved the common question of facts and law and were heard together, hence the same are being disposed of by a single and common judgment. However, writ petition No. 32348 of 1992 shall be the leading case.

(2.) In most of the writ petitions the result dated 10th & 11th August, 1992 published in the U.P. Public Service Commission in respect of the Combined State Service/Upper Subordinate Service Preliminary Examination, 1990 and the result dated 28-8-1992 publised in the U.P. Public Service Commission in respect of the Combinded Upper Subordinate Service Examination. 1988 and Lower Subordinate Services. 1987 have been challanged. The Government Orders dated 19-2-1981, 4-8-1989. 11-4-1991 and 19-10-1992 were also assailed. Besides the above U.P. Act No. 21 of 1989 and the schedule appended thereto was also challenged and the State of U.P. was sought to be restrained from making recruitment in the State of U.P. by giving the benefit of reservation of the backward and other backward classes in pursuance of U.P. Act No. 21 of 1989. A writ of mandamus was also prayed for restraining the respondents from making any recuritment by giving the benefit of reservation to any category of persons until and unless it is clearly found that the said class is inadequately represented in service and the reservation in no case should exceed 50%.

(3.) In writ petition No. 22753 of 1992 as well as in writ petition No. 27465 of 1993, the petitioners prayed for issuance of a writ in the nature of mandamus commanding the Commission to make recommendation for allotment of different categories of post to successful candidates category wise, keeping in view the merit as well as preference of the general and S.C. and S.T. candidates separately in accordance with the Government Order dated 19-10-1992 and not to make any appointment on the basis of arbitrary recommandation of the Commission, which is against the policy laid down in the Government Order dated 19-10-1992.