The change in the reserved category effected under orders of the government or by statutory provisions would take effect automatically, and the category of the candidates is to be determined with reference to the Government Order/statutory Provisions which regulate the reservation on the date the result of the selection is declared.

( 1 ) THESE two writ petitions have been filed by three petitioner who belong to gond Caste. The aforesaid caste was notified as a Scheduled Caste under the Constitution (Scheduled Caste Order 1950 ). That the Parliament by means of Scheduled Castes and Scheduled Tribes order (Amendment Act 2002) being Act No. 10 of 2003 published in official Gazette of India dated 8. 1. 2003 notified the Gond caste as a Scheduled Tribe. The aforesaid facts are not in dispute.

( 2 ) ON 1. 9. 2001 an Advertisement was published by the Deputy Inspector General of Police inviting applications for the post of Sub Inspector (Civil Police) /platoon Commander. Petitioners in accordance with the provisions of the Constitution Scheduled Castes Order 1950 applied for being considered for the post in question under the reserved category of Scheduled Castes. Along with their applications they also enclosed copies of the caste certificates issued by the district authorities in their favour. That the petitioners participated in the said examination and the final results of the selections so held was declared on 3. 9. 2005. The petitioners were not included in the list of selected candidates as they were treated to be the members of the scheduled Castes. The claim of the petitioner against the reserved category of Scheduled Tribes was not considered despite the Parliamentary Act No. 10 of 2003. Faced by the aforesaid situation petitioners have approached this Court with the allegations that more than 50% of the vacancies within the quota reserved for Scheduled Tribes which have been advertised are still available and, therefore, the respondents may be directed to consider the claim of the petitioner against the said available vacancies of Scheduled Tribes category treating the petitioner to be members of Scheduled Tribes in view of Parliamentary Act No. 10 of 2003.

( 3 ) THE writ petition filed by the petitioner is opposed by the State authorities with reference to the full bench judgment of this Court in the case of Prashant Kumar v. State of U. P. 2005 (3) A. W. C. Page 2738. Respondents contend that since in their application petitioners had claimed that they belong to Scheduled Caste category and had also enclosed certificates in support thereof, their claim for appointment against the advertised vacancies has accordingly been considered in the said category alone. Since the petitioners are lower in merit then the selected candidates in the said scheduled castes category, they have rightly not been selected.

( 4 ) HEARD Shri Ashok Khare, Senior Advocate, on behalf of the petitioner assisted by Shri Amit kumar. It is contended that in view of Clause 6 Of the Advertisement read with paragraph 30 Of the judgment of the full bench referred to above, the petitioners are entitled to be treated as members of Scheduled Tribe as on the date of declaration of results, Act No. 1. 0 of 2003 had been enforced. The action of the respondents n not considering the petitioners, and declaration of results in the said category is legally not justified.

( 5 ) FROM the rival contentions raised on behalf of the parties it is apparent that the petitioners as well as respondents rely upon the full bench judgment of this Court specifically paragraph 30 of the said judgment wherein answer to the question referred has been recorded. Paragraph 30 of the judgment in the case of Prashant Kumar (Supra) reads as follows : the benefit of reservation to Other Backward Class candidates in selection in Public Services by direct recruitment as provided by U. P. Public Service (Reservation for Scheduled Caste scheduled Tribes and Other Backward Class) Act 1994, is applicable, to only those categories or castes which are notified as Other Backward Classes entered in Schedule-1 of the Act, upto the last date of filling up of the application form for such selections, provided there is no contrary provision in the Service Rules, the terms and conditions of recruitment, or in the a