JUDGMENT :

DINESH KUMAR SINGH, J.

1. Heard Shri Lalta Prasad Mishra, Advocate assisted by Shri Praful Tiwari, learned Counsel for the petitioner, Shri Sandeep Sharma, learned Standing Counsel for the State-respondents and Shri Ravi Shanker Tiwari, learned Counsel for Uttar Pradesh Public Service Commission.

2. The present petition under 226 of the Constitution of India has been filed, whereby the Advertisement No. 02/2020-21 dated 24.09.2020 issued by Uttar Pradesh Public Service Commission (hereinafter referred to as “U.P.P.S.C.”) Prayagraj, for filling up 130 posts of Lecturer in nine Government Homeopathic Medical Colleges in twelve different subjects/disciplines has been sought to be quashed.

3. The controversy involved in this petition pertains to narrow compass i.e. whether the reservation is to be applied department wise or subjectwise treating it as a unit, and whether clubbing of the posts of Lecturers of each subject/discipline of twelve subjects/disciplines sanctioned in nine Government Homeopathic Medical Colleges of Uttar Pradesh is against the statutory prescription and constitutional mandate or whether a college has to be taken as a unit for reservation or all the colleges cumulatively constitute a unit for application of policy of reservation.

4. The Uttar Pradesh Medical Teachers’ Service Rules, 1990 (hereinafter referred to as “Rules, 1990”) which regulate recruitment and conditions of services of teachers appointed in the Government Homeopathic Medical Colleges. Teachers’ provide that service is a State service comprising of Group-A and Group-B posts. Rule 4 of the Rules, 1990 provides cadre of service, which would read as under:

“4. Cadre of Service:

(1) The strength of the service and of each category of posts therein shall be such as may be determined by the Government from time to time.

(2) The strength of the service and of each category of posts therein shall, until orders varyfing the same are passed under sub-rule (1), be as in the Appendix-A:

(a) Provided that the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post without thereby entitling any person to compensation.

(b) The Governor may create such additional permanent or temporary posts as he may consider proper.”

5. The Appendix-A of the Rules, 1990 would reveal that it is a single cadre post at state level and the strength of different posts has been mentioned. There is one permanent post and nine temporary posts of Principal and the cadre of Professor consists of two permanent posts, cadre of Reader is of two temporary posts whereas, cadre of Lecturer is of seven permanent posts and one hundred sixteen temporary posts i.e. total 123 posts. The source of recruitment to various category posts in the service is provided in Rule 5 of the Rules, 1990, which would read as under:

“5. Source of recruitment-Recruitment to the various categories of posts in the Service shall be made from the following sources:

(a) Principal by direct recruitment through the commission.

(b) Professor - (i) Fifty per cent by direct recruitment through the Commission.

(ii) Fifty per cent by promotion, through the Commission, from amongst substantively appointed Readers who have at-least ten years, of teaching experience including three year as Reader in the subject concerned.

(c) Reader - (i) Fifty per cent by direct recruitment through the Commission:

(ii) Fifty per cent by promotion through the Commission, from amongst substantively appointed Lecturers who have teaching experience of seven years including four years as Lecturers in the subject concerned.

(d) Lecturer - By direct recruitment through the Commission.”

6. Rule 6 of the Rules, 1990 provides for reservation for the candidates belonging to the Schedule Castes/Schedule Tribes/Other Backward Categories, whereas, Rule 20 of the Rules, 1990 provides for provision for seniority of persons in any category of post is to be determined from the date of order of substantive appointment. There is no