Judgment

R.C. Lahoti, CJI—In the year 1997 the State Public Service Commis­sion, pursuant to the requisition made by the State Government on the advice of the High Court of Uttar Pradesh, advertised 93 posts of Civil Judge (Junior Division) in the Uttar Pradesh Judicial Service. Keeping in view the provision for reservation mandated by the U.P. Public Service (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex-Servicemen) Act 1993 and U.P. Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act 1994, certain posts were reserved. To the extent of the percentage of reservation, as contemplated by the two Acts, mentioned above, there is no controversy. The controversy centres around the application of percentage as against the total number of posts.

2. The percentages of reservation, as applicable and as was actually applied, are set out in the following table :

Category Percentage Percentage Number of (prescribed) worked Posts out to reserved

General 50% 46.50 46

Scheduled