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2009 Supreme(All) 2300
[2009(5) ADJ 252]
ALLAHABAD HIGH COURT
BEFORE : SUNIL AMBWANI, J.
AJAY KUMAR NAIK AND OTHERS ....Petitioners
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition Nos. 7735, 13509, 9193, 22865, 31091 of 2008,
decided on 18th May, 2009)
Counsel :
Ashok Khare and V.D. Shukla for the Petitioners; Pushpendra Singh and S.C. for the Respondents.
Headnote:Recruitment—Reservation therein—Corrigendum—Issuance of—Twelve candidates belongs to Scheduled Tribes applied and declared successful in written examination and were called for interview—Before, final result could be declared, a Corrigendum was published by U.P.P.S.C., Allahabad by which 11 posts of S.T's category candidates were withdrawn with reference to revised requisition forwarded by Director, Medical and Health, U.P.—Corrigendum issued in pursuance of requisitions after collecting dates of availability of vacancies, in applying rules of reservation region wise, suffers from a mistake in treating cadre of service to be region wise—U.P. Extension Educators Service Rules, 1985 provide for a State service—And, not a regional service—And, thus, calculation and requisition of vacancies, did not require any modification—And, interpretation of rules of reservation given by Supreme Court in R.K. Sabbarwals' case, would make it apparent that until all posts in the cadre are filled-up, number of vacancies on posts in the cadre filled-up in any recruitment, may exceed 50% rule—But, would not be unconstitutional—Held, corrigendum, dated 30.1.2008, issued by Secy., Public Service Commission as published in "Amar Ujala" dated 31.1.2008 is quashed—And, U.P.P.S.C. will declare results for posts of Health Education Officers, after taking into account reservation of 11 posts for S.Ts. category in consonance with Ad. No. 2 of 2005-06, as originally issued by Commission, ignoring corrigendum, dated 30.1.2008—And that State Government will appoint selected S.Ts. candidates accordingly. [Paras 15, 17, 19 and 21]
Hon’ble Sunil Ambwani, J.—Heard Shri Ashok Khare, Senior Advocate assisted by Shri V.D. Shukla, learned counsel for the petitioners. Learned Standing Counsel appears for State respondent Nos. 1 and 2. Shri Pushpendra Singh has accepted notice on behalf of U.P. Public Service Commission-respondent No. 3.
2. The petitioners have prayed for setting aside corrigendum dated 30.1.2008 issued by the Secretary, U.P. Public Service Commission, Allahabad as published in newspaper ‘Amar Ujala’ dated 31.1.2008, and further not to take any action on the basis of the corrigendum. The petitioners have further prayed to declare the result of the posts of Health Education Officers after taking into account the reservation of 11 posts for Scheduled Tribe category in consonance with the Advertisement No. 2 of 2005-06 as original issued by the Public Service Commission, U.P. Allahabad ignoring the corrigendum dated 30.1.2008.
3. The U.P. Public Service Commission (in short the Commission) issued an advertisement No. 2-05-06 published in the newspaper ‘Rozgar Samachar’ dated 2 to 8.7.2005 inviting application for selecting candidates for several category of posts in different departments of the State. Apart from other posts the advertisement invited applications for filling up 546 posts of Health Education Officers in the Department of Family Welfare. Out of these 256 posts were for general category; 158 for Other Backward Class category; 121 for Scheduled Castes category candidates and 11 for Scheduled Tribe category, in accordance with the reservation for different categories on posts in the U.P. Public Service (Reservation for SC, ST and OBC) Act, 1994 (in short U.P. Act No. 4 of 1994) providing for 21% reservation for Scheduled Castes, 27% for OBC and 2% for Scheduled Tribe candidates.
4. All the twelve petitioners belongs to Scheduled Tribes. They applied and were declared successful in the written examination and were called for interviews. Before the final result could be declared, a corrigendum was published by the U.P. Public Service Commission, by which 11 posts of Scheduled Tribe category candidates were withdrawn with reference to the revised requisition forwarded by the Director, Medical & Health, U.P.
5. The Court issued notice on 12.2.2008 directing that all 11 posts of Health Education Officer shall be kept in waiting for the decision of the writ petition. The interim order was extended on 18.2.2008 and is operative.
6. In the counter affidavit filed by Smt. Mamta Yadav, Deputy Director (Administration), Directorate General Family Welfare, Lucknow, it is stated that after requisition of the vacancies to the Commission a meeting was held in pursuance to the directions of the Director General, Medical and Health dated 5.8.2007. Dr. Gajraj Prasad, Addl. Director, Maternity Care and Smt. Mamta Yadav, Deputy Director (Admn.) present in the meeting on 8.8.2007 considered the matter with regard to reservations on the posts of Health Education Officers and found that the position with regard to reservation at the state level and at the divisional level would be different. The Committee decided that since under the relevant rules the appointing authority of the posts in the cadre is Regional Addl. Director, Medical Health and Family Welfare, U.P., the break up of the vacancies and the reservations applicable to it should be collected from regional level. The committee decided to again meet to consider the number of vacancies to be offered to the reserved category candidates.
7. After collecting the data from the Regional Deputy Directors, Medical Health and Family Welfare of the 17 divisions in the State, it was found that in all 621 posts of Health Education Officers (General 305, OBC 181, SC 133 and ST 2) are vacant. In the selections advertised by special recruitment for 31 vacancies of reserved category candidates (OBC 12, SC 17 and ST 2) a list of 30 candidates was received. One vacancy for Scheduled Tribe candidate was forward
