Pradeep Kant and K. S. Rakhra, JJ.—Heard Sri S. K. Kalia and Sri. S. C. Yadav, learned counsel for the State.

2. By means of this petition, the petitioner Dinesh Kumar Shukla challenges the order dated 26.7.2003, by means of which he has been dismissed from service.

3. The petitioner, while posted as Joint Director, Headquarters, Local Fund Audit Department, Allahabad and working as Incharge Director being the Chairman of the Selection Committee, made a selection for Group-C post in the Local Fund Audit Department.

4. The charge against the petitioner is that while making the appointments, the provisions of Section 3 Sub-Clause (6) of the U. P. Public Servants (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (hereinafter referred to as the Reservation Act, 1994) were violated and, therefore, the petitioner was guilty of misconduct, which resulted into dismissal from service.

5. An advertisement for making appointments on Group-C posts in the Local Funds and Audit Department was issued some time in August, 1998. The combined written examination was held on 18.12.1998. The result of the said written examination was declared on 31.3