IMPORTANT POINT
The process of selection must be in accordance with the law existing as on the scale of selection and keeping candidate in the waiting list does not confer any vested right in his favour much less indefeasible right.

Headnote:(i) SERVICE LAW-U.P. Public Services (Reservation of Scheduled Caste, Scheduled Tribes and Backward Classes) Act 4 of 1994-Section 15(1)-Applicability of Act-Cases in which selection process initiated before commencement of Act-When merit of candidates is to be decided by an interview-Interview started on and from 12.12.1993-Selection without applying provisions of sub-section (1) of Section 3 of the Act-Illegal-Section 3(1) has been made applicable with retrospective effect from 11.12.1993.
       Held that the process of selection must be in accordance with the law existing as on the scale of selection. Keeping candidate in the waiting list does not confer any vested right in his favour much less indefeasible right. The appropriate appointing authority is not obliged to fill up the vacancies or to appoint any candidate/candidates waiting in the list to any resultant vacancy, due to the operation of law under the Act. The Vice-Chancellor, therefore, was obliged under the Act and vested with duty and right in taking action to have the vacancies notified applying Section 3(1) of the Act for recruitment in accordance with law. (Para 7)
       Any process for selection initiated after the commencement of the Act, be in conformity with the provisions of the Act. Necessarily, the vacancies existing as on that date shall require to be filled up, applying sub-section (1) of Section 3 of the Act and the selection should be made in accordance therewith. Any selection made in contravention thereof would be in violation of the provision of Section 3(1) of the Act. As a result thereof, the direction issued by the Chancellor to make appointment of the respondents is, though under the provisions of Section 68 of the Universities Act, is in violation of the Act since Section 3(1) has been made applicable with retrospective effect from December 11, 1993. The direction issued by the Chancellor in that behalf is in contravention of Section 3(1) of the Act. (Para 8)
       (ii) WRIT JURISDICTION-Mandamus cannot be issued to violate the law or to act in violation of the law. (Para 9)

ORDER

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

2. Prior to December 12, 1993, the appellant had initiated the process of selection to various posts in the appellant university. The UP Public Services (Reservation of Scheduled Caste, Scheduled Tribes and Backward Classes) Act 4 of 1994 (for short, the Act ) came into force with effect from March 22, 1994. By operation of Section 1(2), the Act came into force from December 11, 1993, i.e., the date on which ordinance was issued. Section 2(c) of Act defines "public services and posts" means the services and posts in connection with the affairs of the State and includes services and posts in clause (iv) which is as under :

"(iv) an educational institution owned and controlled by the State Government or which receives grants in aid from the State Government, including a university established by or under a Uttar Pradesh Act, except an institution established and administered by minorities referred to in clause (I) of Article 30 of the Constitution."

3. Section 3 of the Act applies Reservation in favour of Scheduled Castes, Scheduled Tribes and other Backward Classes, at the stage of direct recruitment, the following percentage prescribed therein thus :

(a) in the case of Scheduled Castes 21 per cent

(b) in the case of Scheduled Tribes 02 per cent

Section 4 of the Act casts responsibility on and thrust powers on specified officers for compliance of the provisions of the Act. The State Government may, by notified order, entrust the appointing authority or any officer or employee with the responsibility of ensuring compliance of the provisions of the Act. It is not in dispute that the State Government had issued a notification dated May 5, 1995 entrusting the responsibility for implementation of the provisions of the Act, in relation to the appointment and services of the posts in the university, on the Vice-Chancellor. Thus, the Vice-Chancellor is empowered and made responsible to implement the provisions of the Act.

Section 6 gives power to the Government to call for the records and direct enforcement of the provisions of the Act. It reads thus :

"6. Power to call for record.-If it comes to the notice of the State Government, that any persons belonging to any of the categories mentioned in sub-section (1) of Section 3 has been adversely affected on account of non-compliance of the provisions of this Act or the rules made thereunder or the Government order in this behalf by the appointing authority, it may call for such records and take such action as it may consider necessary."

Section 15 which is relevant for the purpose of this case is as under:

"15. Savings.-(1) the provisions of this Act shall not apply to cases in which selection process has been initiated before the commencement of this Act and such cases shall be dealt with in accordance with the provisions of law and Government orders as they stood before such commencement.

Explanation.-For the purposes of this sub-section the selection process shall be deemed to have been initiated where, under the relevant service rules, recruitment is to be made on the basis of-

(i) written test or interview only, the written test or the interview, as the case may be, has started, or

(ii) both written test and interview, the written test has started.

(2) The provisions of this Act shall not apply to the appointment, to be made under the Uttar Pradesh Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974."

4. It is not in dispute that on the basis of the aforesaid implementation of the provisions of the Act, in February 1995, fresh advertisement came to be made for appoi

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1996 Supreme(SC) 2174

IMPORTANT POINTThe process of selection must be in accordance with the law existing as on the scale of selection and keeping candidate in the waiting list does not confer any vested right in his favour much less indefeasible right.

Cases Referred (7)

IMPORTANT POINT
The process of selection must be in accordance with the law existing as on the scale of selection and keeping candidate in the waiting list does not confer any vested right in his favour much less indefeasible right.