Public Service Commission, Uttar Pradesh through its Secretary vs JWO Satish Chandra Shukla

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1383

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rajesh Bindal, CJ., J.J. Munir, J.
Public Service Commission, Uttar Pradesh through its Secretary - Appellant
Versus
JWO Satish Chandra Shukla and Others - Respondents
Special Appeal Defective No. 323 of 2022 (Arising out of Writ A. No. 18091 of 2021)
Decided On : 18-10-2022

Advocates Appeared:
For the Appellant : Mr. Rakesh Pande with Mr. Nipun Singh.
For the Respondents: Mr. Ajay Mishra with Mr. K.R. Singh, Mr. A.B.N. Tripathi, Mr. T. Islam.

Headnote:
Third Amendment Act, 1954 – Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) Act, 2021 – Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 – Section 5 – Sake of convenience – Special Appeal by the Uttar Pradesh Public Service Commission is directed against a judgment and order, allowing Writ –A – Writ-petitioners, who are respondent nos. 1 to 4 to this Appeal, are all Ex-Servicemen, who have retired or been discharged from different positions in Armed Forces of Union, such as Army or Navy – Held, In Court opinion, has been patently misconstrued by learned Single Judge to be an extension of last date for receipt of application forms for PCS Examination – It is no more than extension of a limited facility to those candidates, who had applied by last date fixed i.e, but had some errors or discrepancy about their uploaded photographs or signatures, to rectify those errors – There was no extension of last date for submission of application form – Contrary to opinion of learned Single Judge, Court think that Notification/ Press Note reinforces position that last date for receipt of application forms from eligible candidates – Appeal allowed.

ORDER :

1. This Special Appeal by the Uttar Pradesh Public Service Commission is directed against a judgment and order dated August 2, 2022, allowing Writ -A No. 18091 of 2021.

2. The writ-petitioners, who are respondent nos. 1 to 4 to this Appeal, are all Ex-Servicemen, who have retired or been discharged from different positions in the Armed Forces of the Union, such as the Army or the Navy.

3. The grievance of the writ-petitioners is that they are entitled to be considered under The Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) Act, 2021 (for short, 2021 Act'), entitling them to a 5% reservation in the ongoing selection/ recruitment, held pursuant to Advertisement No. A-1/E-1/2021 dated February 5, 2021 to the “Combined State/ Upper Subordinate Services (PCS) Examination, 2021 and Assistant Conservator of Forest (A.C.F.)/ Range Forest Officer (R.F.O.) Services Examination -2021” (for short, 'the PCS Examination, 2021').

4. The learned Single Judge has set out in copious detail the facts of the case, including the rival stands of the writ-petitioner-respondents (for short, 'the writ petitioners') and the Uttar Pradesh Public Service Commission (for short, 'the Commission'), which need not be recapitulated here, except the essentials on which the event in the cause turns.

5. Prior to the enactment of The Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 (U.P. Act No. 4 of 1993) (for short, 'the 1993 Act'), reservation for Ex-Servicemen in different services of the State was governed by circulars and government orders issued by the State Government under the directions and control of the Government of India. In the days prior to enforcement of the 1993 Act, reservation for Ex-Servicemen existed in all categories of posts under the State, including Group A, B, C and D. Upon enactment and enforcement of the 1993 Act, however, there was codification of the State’s Policy regarding horizontal reservation inter alia for the Ex-Servicemen. A total of 5% of vacancies at the stage of direct recruitment in favour of the Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen were reserved under Section 3(1) of the 1993 Act by virtue of Section 3(2). The inter se quota of each category was entrusted to be fixed by the State Government from time to time by notified order. The 1993 Act came into force on December 11, 1993. The 1993 Act, however, suffered an amendment vide U.P. Act No. 6 of 1997 (for short, 'the First Amendment Act'), enforced w.e.f. July 31, 1997. The First Amendment Act brought about the change that the inter se percentage of reservation to the three categories of horizontal reservation, that was left to the State Government to determine by notified order, was specified by the 1993 Act itself substituting the existing sub-Section (1) of Section 3. The First Amendment Act provided that in posts to be filled up by direct recruitment, 2% of vacancies shall be reserved for dependents of Freedom Fighters and 1% for Ex-Servicemen.

6. A second amendment to the 1993 Act was made by U.P. Act No. 29 of 1999 and enhanced the percentage of reservation for the Ex-Servicemen within the 5% horizontal reservation quota from 1% to 2%. However, by clause (i-a) of sub-Section (1) brought in through the amendment to the existing Section 3 of the 1993 Act, it was provided in the following terms:

“3. In section 3 of the principal Act, in sub-section (1) for clause (i) the following clauses shall be substituted, namely-

“(i) in public services and posts two per cent of vacancies for dependents of freedom fighters:

(i-a) in public services and posts other than group ‘A’ posts or group 'B' posts on and from May 21, 1999 two per cent of vacancies, and on and from the date on which the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents