Hon'ble V.K. Shukla, A.C.J.—In the abovemetioned Special Appeal in question, as common question of law has been engaging the attention of this Court, the Special Appeal in question are being decided collectively and Special Appeal Defective No. 338 of 2016 is being treated to be leading case.

Ref: Delay Condonation Application

2. For the reasons stated in affidavit filed in support of Delay Condonation Application, which constitutes sufficient cause, application is allowed. Delay of 14 days in filing the Special Appeal is condoned. Special Appeal is treated to have been filed well within time.

Ref: Special Appeal

3. Both these Special Appeals are directed against the judgement and order dated 16.3.2016 passed by learned Single Judge in Writ Petition No. 37599 of 2015 (Ashish Kumar Pandey and 24 others v. State of U.P. and 29 others) connected with other writ petitions, wherein the Learned Single Judge has proceeded to allow the Writ Petitions with the following directions:

The questions framed, consequently, is answered as follows:

(i) The candidates claiming horizontal reservation (women, ex-servicemen and dependent of freedom fighter) cannot be adjusted enmasse in the open category but would have to be adjusted against their respective social category i.e. OBC, SC and ST;

(ii) the posts remaining vacant due to the shortfall of women candidates cannot be carried forward to subsequent selection, in view of the specific prohibition in the Government order dated 26 February 1999, however, in respect of the other class of candidates i.e. dependent of freedom fighters, ex-servicemen, vacant post shall have to be carried forward for two subsequent selections in terms of sub-section (5) of Section 3 of Act, 1993.

For the reasons and law stated hereinabove, the writ petition deserves to be allowed. The writ petition is, accordingly, allowed with the following directions:

(i) The select list of SICP and PC (PAC) prepared pursuant to the result dated 25 June 2015 to the extent seeking to adjust/accommodating candidates under special category viz. women, ex-servicemen and dependents of freedom fighter in the open category is set aside and quashed;

(ii) all such special category candidates adjusted in open category shall be shifted and adjusted in their respective social category i.e. OBC, SC to which they belong;

(iii) the candidates under special category belonging to open category shall be adjusted/accommodated in the open category;

(iv) all adjustment, directed hereinabove (ii & iii) shall be made from bottom of the list of each social category by replacing equal number of male candidates;

(v) upon adjustment/accommodation, as directed above (ii, iii & iv), the selection and consequential appointment of equal number of male candidates shall stand automatically cancelled/terminated forthwith;

(vi) in the open category, 262 (340-78) unfulfilled quota of women candidates shall be filled by male candidates on merit, consequently, they shall be sent for training, and if already trained, appointment letter shall be issued;

(vii) in the OBC category 27 (200-173) unfulfilled quota of OBC women candidates, shall be filled by male candidates (OBC) on merit, consequently, they shall be sent for training and thereafter, appointment letter shall be issued;

(viii) In the SC category 145 (155-10) unfulfilled quota of SC women candidates shall be filled up by male candidates (SC) on merit as provided under (vi) and (vii);

(ix) candidates belonging to other special class viz. ex-servicemen and dependents of freedom fighter shall be adjusted in their respective social category in the manner directed hereinabove (ii), (iii), (iv), (v);

(x) the vacancies, if any, remaining vacant upon adjustment as directed above (ix) in respect of posts reserved for ex-servicemen and dependents of freedom fighter would be kept vacant and carried forward t