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SUPREME COURT OF INDIA
L. NAGESWARA RAO, HEMANT GUPTA, JJ.
Dr. Professor Rajendra Chaudhary & Anr. – Appellants
Versus
The State of Uttar Pradesh & Ors. – Respondents
Civil Appeal Nos. 6667-6668 of 2019 (Arising out of SLP (C) Nos. 24803-24804 of 2018)
Decided on : 28-08-2019
Service Law – Reservation – Enhancement of upper age limit – Recruitment to posts of Professor in Medical Colleges in State of Uttar Pradesh – Departments to which advertisement was issued for appointment of Professors have less than four posts, except two departments i.e. General Medicine and General Surgery – In these two departments, only two posts of Professors in each department were available for being filled up – As such,, only four posts in each department were available for being filled up by direct recruitment as per advertisement – No error has been committed by Respondents in not providing reservations for appointment by direct recruitment to post of Professor in Government Medical Colleges – Besides, relaxation of upper age limit was applicable only to those departments where 25 per cent or more posts were vacant and in respect of other departments, State Government decided not to fill them up – Regulations framed by MCI relating to conditions of service of Professors in Medical Colleges shall prevail over Service Rules framed by State of Uttar Pradesh – To remedy a grave situation, State has taken decision to make appointments by increasing maximum age limit – Sincere attempt made by State to have qualified doctors holding posts of Professors has not yielded any results due to pendency of cases which are filed challenging advertisement – Respondents directed to expedite process of selection to posts of Professors and make appointments at the earliest. [Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 – Section 3; Uttar Pradesh Medical Colleges Teachers’ Service (Second Amendment) Rules, 2005 – Rule 6] (Paras 7, 9, 12, 13, 14 and 15)
Facts of the Case:
Controversy in these Appeals is regarding reservations to be applied for appointment by direct recruitment to the posts of Professor in Medical Colleges in State of Uttar Pradesh and enhancement of maximum age limit from 45 years to 65 years. There was no direct recruitment to posts of Professors in 12 Government Medical Colleges (Allopathy) for 12 years prior to 2015. High Court dismissed Writ Petitions by rejecting submissions relating to reservations and enhancement of the upper age limit. Hence, these Appeals.
Findings of Court:
We approve finding recorded by the High Court that decision to increase the upper age limit from 45 years to 65 years is not vitiated. We see no reason to disagree with said findings recorded by the High court. There can be no manner of doubt that the Regulations framed by the MCI relating to conditions of service of Professors in Medical Colleges shall prevail over the Service Rules framed by State of Uttar Pradesh. Government Order dated 06.02.2015 has not been challenged by Appellants for which reason they cannot make any grievance about the same.
Result : Appeals dismissed.
JUDGMENT :
L. NAGESWARA RAO, J.
Leave granted.
1. The controversy in the above Appeals is regarding reservations to be applied for appointment by direct recruitment to the posts of Professor in Medical Colleges in the State of Uttar Pradesh and enhancement of the maximum age limit from 45 years to 65 years. There was no direct recruitment to the posts of Professors in 12 Government Medical Colleges (Allopathy) for 12 years prior to 2015. An advertisement was issued on 21.12.2015 by the Uttar Pradesh Public Service Commission seeking applications for appointment by direct recruitment to 47 substantive vacant posts of Professors in various Allopathic Medical Colleges. The said advertisement was subject matter of challenge in a Writ Petition filed in the High Court of Judicature at Allahabad. Apart from other grounds, the main point raised by the Writ Petitioners was that no posts were reserved for Scheduled Castes, Scheduled Tribes and Other Backward Class candidates. The enhancement of the upper age limit, from 45 years to 65 years, was also questioned in the Writ Petition on the ground that it was in violation of Uttar Pradesh State Medical Colleges’ Teachers Services (Second Amendment) Rules, 2005 (for short, ‘Service Rules’). Another advertisement was issued on 24.10.2017 revising the eligibility criteria pertaining to educational qualifications.
2. The High Court dismissed the Writ Petitions by rejecting the submissions relating to the reservations and enhancement of the upper age limit. Hence, these Appeals.
3. The two points that fall for our consideration in these Appeals are:
(a) Whether the advertisement impugned in the Writ Petition is violative of Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (for short “the Reservation Act): and
(b) Whether enhancement of the upper age limit for appointment to the post of Professor by direct recruitment is contrary to the Uttar Pradesh Medical Colleges Teachers’ Service (Second Amendment) Rules, 2005.
Reservation for Appointment by Direct Recruitment to the Post of Professor:-
4. The main contention of the Writ Petitioners belonging to reserved categories is that the advertisement issued for appointment by direct recruitment to the post of Professor in Government Medical Colleges is contrary to the Reservation Act as no reservations were provided for reserved category. They relied upon Section 3 of the Reservation Act to submit that reservation is mandatory for appointment by direct recruitment in public service. The percentages of reservation for recruitment to be made as per the roster in accordance with Section 3(5) are as follows:
• Scheduled Castes : 21 percent
• Scheduled Tribes : 02 percent
• Other Backward Classes : percent
For better appreciation of the dispute, it is relevant to reproduce Section 3 of the Reservation Act which is as follows:
“Section 3: Reservation in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes. - [(1) In public services and posts, there shall be reserved at the stage of direct recruitment, the following percentage of vacancies to which recruitments are to be made in accordance with the roster referred to in subsection (5) in favour of the persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens, -
(a) In case of Scheduled Caste : Twenty-one percent
(b) In the case of Scheduled Tribes : Two per cent
(c) In the case of Other Backward Classes of citizens : Twenty-seven per cent:
Provided that the reservation under clause (c) shall not apply to the category of Other Backward Classes of citizens specified in Schedule II: Provided further that reservation of vacancies for all categories of persons shall not exceed in any year of recruitment fifty per cent of the total vacancies of that year as also fifty per cent of cadre strength of the service to which the recruitment is to be made:
(2) xxx
(3) xxx
(4) xxx
(5) The State Government shall for app
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