The issues raised in the above writ petitions being inter-related, the writ petitions have been heard together and are being disposed of by this common judgment. Civil Misc. Writ Petition No. 48149 of 2003, Dr. Vishwajeet Singh and others Versus State of U. P. and others contains extensive pleadings of both the parties hence, the same is being treated as leading writ petition. The other writ petitions are to be decided on the basis of the decision in the leading writ petition.

We have heard Sri Rajeev Misra, Sri P. S. Baghel Advocates for the petitioners,sri Jaideep Mathur, Additional Advocate General for the State respondents and Sri H. N. Singh, learned Counsel for the respondent Higher Education Service Commission.

It is sufficient to refer to the pleadings of writ petition No. 48149 of 2003, Dr. Vishwajeet Singh, the leading writ petition for considering the issues raised in this bunch of writ petitions. The facts of the leading writ petition are; the petitioners of the writ petition who are four in numbers claim to be duly qualified for appointment on the post of Lecturer in Graduate/post Graduate Colleges in the State of U. P. , have challenged the advertisement No. 37 dated 9. 7. 2003 published on 16. 7. 2003 and have also prayed for quashing the Government orders dated 3. 7. 2003 and 17. 4. 2003. By advertisement No. 37, the U. P. Higher Education Service Commission has advertised 838 posts of Lecturers in different subjects in various Post Graduates/graduate Colleges in the State of U. P. by special recruitment to fill up the carry forward and backlog vacancies of reserved categories candidates. All the posts in different subjects have been shown to be reserved for Scheduled Castes, Schedule Tribes and Other Backward Classes. The advertisement mentions number of vacancies in different subjects. The applications have been called separately for different subjects. The advertisement further mentions that guidelines and list of the

colleges shall be made available along with the application form. The Government order dated 3. 7. 2002 was issued for filling up the backlog vacancies of reserved category candidates referring to U. P. Public Services (Reservation of Scheduled Castes, Schedule Tribes and Other Backward Class Amendments) Ordinances 2003 (U. P. Ordinance No. 2 of 2002 ). The Government order mentions that calculation of reserved vacancies shall be made not on the basis of vacancies but on the cadre strength. Letter dated 4. 7. 2007 has been issued by the Chief Secretary, State of U. P. to the Principal Secretary/ Secretary referring to the Government order dated 3. 7. 2002 for filling up the backlog vacancies of reserved category. The Government order 7. 4. 2003 is also on the same subject of filling the backlog vacancies of reserved category candidate. Petitioners case in the writ petition is that the entire cadre cannot be taken as a unit for computing reservation for applicability of U. P. Public Services (Reservation of Scheduled Castes, Schedule Tribes And Other Backward Classes) Act, 1994 (hereinafter referred to as 1994 Act ). It is further stated that in the advertisement dated 9. 7. 2003, two types of vacancies have been clubbed, one carry forward vacancies of advertisement No. 29 and secondly the vacancies which have come into existence in the year 2002-03 i. e. a year preceding the year of recruitment. The writ petitioner has prayed for following reliefs.

" i) Issue a writ, order or direction in the nature of Certiorari to quash the advertisement dated 9. 7. 2003 as published in the daily News Paper dainik Jagaran in its daily edition dated 16. 7. 2003 issued by the respondent no. 4, the Secretary, U. P. Higher Education Service Commission, Allahabad, (Annexure-24 to the writ petition);

ii) issue a writ, order or direction in the nature of Certiorari to quash the Government orders dated 3. 7. 2002 and 17. 4. 2003 issued by the respondent no. 2, the Principal Secretary, Government of U.