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1998 Supreme(All) 597
IN THE HIGH COURT OF ALLAHABAD
BEFORE THE HONble R. R. K. TRIVEDI, J. , THE HONble R. K. SINGH, J.
SHASHI KANT RAI - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Civil Misc. Writ Petition 30542 Of 1996
Decided On : 05/20/1998
Arun Tandon, B.D.Mandhyan, S.C.BUDHWAR, S.K.GUPTA, V.M.Sahai
Special recruitment drives providing 100% reservation for a particular category, without a preceding direct recruitment process open to all categories, are illegal and violate the provisions of the U. P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, as well as the equality clause enshrined in Articles 14, 15, and 16 of the Constitution.
Headnote:
SPECIAL RECRUITMENT DRIVE - U. P. PUBLIC SERVICES (RESERVATION FOR SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES) ACT, 1994 - SECTION 3 - INITIATION OF SPECIAL RECRUITMENT DRIVE - CONDITIONS AND INTERPRETATION.
Fact of the Case:
Petitioners, general category candidates, challenged the legality of special recruitment drives initiated by the State Government and Public Service Commission to fill the entire backlog of reserved quota posts for Medical Officers (Ayurvedic/Yunani) in Uttar Pradesh. The impugned advertisements provided 100% reservation for Scheduled Castes and Scheduled Tribes, excluding the general category.
Finding of the Court:
The Court held that the special recruitment drive with 100% reservation was illegal and not in accordance with the provisions of the U. P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (the Act). The Court interpreted Section 3 of the Act and concluded that special recruitment could only be initiated after a direct recruitment process open to all categories, including the general category.
Issues: 1. Whether the special recruitment drive providing 100% reservation for a particular category in the absence of direct recruitment was legal and in accordance with the provisions of the Act? 2. Whether the impugned advertisements violated the equality clause contained in Articles 14, 15, and 16 of the Constitution?
Ratio Decidendi: 1. The Court held that the special recruitment drive was not in consonance with the provisions of Section 3 of the Act, which required a direct recruitment process open to all categories before initiating special recruitment. 2. The Court relied on the judgment of the Supreme Court in Indra Sawhney v. Union of India, which held that reservation for backward classes should not exceed 50% and that the equality of opportunity guaranteed by Article 16(1) should be balanced against the special provisions for socially disadvantaged classes under Article 16(4). 3. The Court also referred to the judgment in P. G. Institute of Medical Education and Research, Chandigarh v. Faculty Association and others, which emphasized that reservation should not completely exclude other members of the community, even if they are senior in service or more meritorious.
Final Decision: The Court allowed the writ petition, quashed the impugned advertisements, and directed the respondents to re-advertise the posts in accordance with the provisions of the Act and the observations made in the judgment.
( 2 ) TWO applications for impleadment have also been filed. First application is numbered as 71415 of 1997, which has been moved by ram Swarup Ahirwar and the second application is numbered as 23563 of 1998 which has been moved by Dr. Satish Kumar and three others. Along with the second application counter affidavit has also been filed.
( 3 ) THE important question for determination in this writ petition is as to whether the respondents could legally initiate special recruitment drive to fill up the entire backlog of the posts of reserved quota in respect of the entire cadre of the posts of Medical Officers (Ayurvedic/yunani) in the State of Uttar Pradesh. Respondent no. 2, namely U. P. Public Service Commission, Allahabad, by advertisement no. 3/95-96 invited applications for the 47 posts of medical Officers (Ayurvedic) out of which 42 posts were reserved for Scheduled Caste and 5 posts for Scheduled Tribes. Another advertisement no. 1 of 1996-97 was issued inviting applications for appointment on 433 posts of Medical Officers (Ayurvedic ). Out of the aforesaid 433 posts 389 posts were reserved for Scheduled caste and 44 posts for Scheduled Tribes. All the posts mentioned in the aforesaid two advertisements are in the pay scale of Rs. 2200-4000. Petitioners claimed that they were selected for bachelor degree of ayurvedic Medicines and Surgery, in short B. A. M. S. , in combined pre-medical test held by the State Government in the year 1987-88 and passed their B. A. M. S. degree course in the year 1993 except petitioner no. 4 who had passed the degree course in the year 1992. It has been claimed that all the petitioners passed their B. A. M. S. degree from the State Government Ayurvedic College and they have been duly registered with the Indian Medical Council. All the petitioners belonged to general category. As under the impugned advertisement no. 3 of 1995096 and no. l of 1996-97 the candidates of general category have been excluded and 100 per cent reservation in favour of Scheduled Castes and Scheduled Tribes category has been provided, they have approached this Court for quashing the aforesaid advertisements which are Annexures 3 and 4 to the writ petition. It has also been prayed that respondents may be directed to advertise the vacancies in accordance with law and to hold selection from the open market giving equal opportunity to the candidates of the general category also.
( 4 ) PETITIONERS have stated that after the year 1988 no advertisement was published. The impugned advertisement no. 3 of 1995-96 and no. l of 1996-97 have been published for the first time illegally enforcing 100 per cent reservation in favour of Scheduled castes and Scheduled Tribes category. It has been alleged that the aforesaid action in the name of special recruitment drive is wholly illegal and contrary to the judgments of Honble Supreme Court.
( 5 ) A counter affidavit has been filed on behalf of the State government, in paragraph 6 whereof it has been stated that there are total 2470 vacant posts for Medical Officers (Ayurvedic/yunani) ot of which 2272 posts have been filled. 198 posts are still vacant. Besides the aforesaid, about 241 super-numerary posts have also been created for accommodating part-time Medical Officers serving in hill areas. 1826 Medical Officers are serving in the department on ad-hoc basis. Out of 2272 posts already filled, there are only 87 medical officers belonging to Scheduled Castes category. Their percentage is very low, hence in order to fill up the backlog in the quota of reserved category, the Government by letter dated 24. 1. 1996 requested the Commission to take steps to complete the quota of the aforesaid reserved category. The request made by the government to initiate special recruitment drive for the afo
