Hon’ble Manoj Kumar Gupta, J.—Whether the vacancies in the reserved categories, if remain unfilled in a general recruitment because of non joining of the selected candidates are to be treated as “unfilled vacancies” within the meaning of Section 3 (2) of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (the Act) as amended, so as to warrant filling up such posts under a special recruitment drive, is the question mooted for consideration before the Court. Certain ancillary issues regarding right of the petitioners whose names find place in the merit list of candidates, who have qualified the written test and the interview, in a special recruitment drive, but were not ultimately selected, because of filling up of all advertised posts in that category, and the relief to which the petitioners are entitled to, are also subject-matter of consideration.

2. The Electricity Service Commission, the third respondent issued an advertisement No. 1/ESC/2006 on 19.4.2006 inviting applications for filling up 1021 posts of Junior Engineer (Apprentice) (Electrical), out of which 95 posts were reserved for Scheduled Ca