ORDER

Leave granted. We have heard the counsel on both sides.

2. This appeal by special leave arises from the judgment of the Allahabad High Court, made on 3.5.1996 in CMWP No. 12592 of 1995. The legislature of Uttar Pradesh enacted the Uttar Pradesh Public Services (Reservation for Scheduled Casts, Scheduled Tribes and other Backward Classes) Act, 1994 (for short, the Act ). Advertisement was issued by the University of Allahabad on January 30, 1995 inviting applications from all eligible persons for posts of Professors, Readers and Lecturers including the posts reserved for Scheduled Castes (For short, the Dalits ), Scheduled Tribes (for short, the Tribes ) and Other Backward Classes (for short, the OBCs ). A clarification was issued by the Government of April 19, 1995 stating that for recruitment to the posts of Professors, Readers and Lecturers, University or College is treated as a unit and the recruitment would be made applying the rule of reservation for the Dalits, Tribes and OBCs in respect of all the posts. That came to be questioned in the writ petition. The Division Bench has held that the said notification was bad in law. Thus, this appeal by special leave.

3. Shri Rakesh Dwivedi, learned Advocate General, has contended that the view of the High Court in not correct in law. As most of the subjects there are single posts of Professors, Readers or Lecturers in the University/College and if recruitment is made to each single post, there would be total prohibition on application of rule of reservation for the Dalits, Tribes and OBCs, therefore, for making appointment by direct recruitment to the posts/services, the instructions came to be issued. The Government, therefore, had clarified that entire University/College should be taken as a unit for the purpose of recruitment to the posts of Professors, Readers and Lecturers and the posts should be fused as three separate categories for application of the rule of reservation. The clarification issued by the Government is, therefore, consistent with the provisions of the Act. He, in particular, makes reference to Section 2(c)(iv) read with Section 3(5) of the Act.

4. Shri P.P. Rao, learned senior counsel appearing for the respondents, on the other hand, contended that the advertisement was issued for subjectwise recruitment in the University and applying the rule of reservation the subjects in which the posts would be reserved for Dalits, Tribes and OBCs were specified. The Government instructions, on the other hand, would create ambiguity as to which of the posts are to be reserved for Dalits, Tribes, OBCs and which are meant for general candidates. If the subjectwise reservation is provided for, everyone would know which vacancy is available to the general candidate or to Dalits, Tribes and OBCs. If there is only one post available for recruitment in a given faculty/cadre, then rule of rotation as provided in Section 3(5) of the Act would be applied so that rule of reservation would be effectuated, properly implemented and what is more, candidates would be in a position to know to which post he/she would be entitled to apply for and seek recruitment in accordance with the qualifications prescribed for and possessed by the respective candidates.

5. We think that the stand taken and the contention raised by Shri P.P. Rao, learned senior counsel, is correct and merits acceptance, It is seen that Section 2(c) of the Act defines "Public Services and Posts" to mean service in connection with the affairs of the State and includes services and posts in any educational institution owned and controlled by the State Government or which receives grant-in-aid from the State Government, including a University established by or under a Uttar Pradesh Act, except in educational institution established and administered by minorities referred to in clause (1) of Article 30 of the Constitution. Section 3 postulates application of the rule of reservation and reads thus :

"3. Reservation i