EWS reservation was to be applied in the recruitment process for Assistant Teachers; however, due to the completion of recruitment, no relief could be granted to the appellants.

JUDGMENT :

1. This bunch of special appeals arise out of a composite judgment rendered by the learned Single Judge on 29.02.2024 in a bunch of writ petitions, whereby the reservation to Economically Weaker Sections (for short ‘EWS’) is denied in respect of recruitment undertaken for 69,000 posts of Assistant Teachers. Learned Single Judge has held that recruitment has commenced prior to introduction of reservation in EWS category. Thus aggrieved, the writ petitioners are before us in the present batch of special appeals.

2. Shri Ashok Khare and Shri G.K. Singh, learned Senior Advocates leading the submissions on behalf of the appellants in the present batch of special appeals submit that reservation for EWS was introduced by way of 103^rd Constitutional Amendment on 12.01.2019. State legislature thereafter enacted the Uttar Pradesh Public Services (Reservation for Economically Weaker Section) Act, 2020 U.P. Act No. 10 of 2020 for giving effect to such reservation. The Act was given retrospective application vide Section 1(1) of the Act, which is reproduced hereinafter:

“1. (1) This Act may be called the Uttar Pradesh Public Services (Reservation For Economically Weaker Section) Act, 2020. (2) It shall be deemed to have come into force on February 01, 2019.”

3. Section 3(3) and (4) of the Act aforesaid are also relevant and are reproduced hereunder :

“(3) The office memorandum issued by Karmik Anubhag- 2 wide no.1/2019/4/1/2002/ka-2/19T.C.II, dated 18.02.2019 shall be deemed to have been issued under this section.

(4) For applying the reservation under sub-section (1), roaster has been issued by notification O.M. No.5/2019/4/1/2002/ka-2/2019T.C.- I, dated 13th August, 2019 by the State Government which shall be continuously applied till it is exhausted.”

4. Even before U.P. Act No. 10 of 2020 was enacted the State of U.P. issued office memorandum dated 18.2.2019 providing for reservation to Economically Weaker Sections in public employment. Executive power of State was invoked for the purpose. Section 13 of the Act of 2020 contained Savings Clause which is relevant for the present purposes and is reproduced hereinafter :

“13. The provisions of this Act shall not apply to cases in which selection process has been initiated before commencement of this Act and such cases shall be dealt with in accordance with the provisions of law and Government order as they stood before the commencement.

Explanation: For the purposes of this section the selection process shall be deemed to have been initiated where, under the relevant service rules, recruitment is to be made on the basis of -

(i) written test or interview only, the written test or the interview, as the case may be, has started, or (ii) both written test and interview, the written test has started.

(2) The provisions of this Act shall not apply to appointment, to be made under the Uttar Pradesh Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974.”

5. According to the petitioners, the process of recruitment for the post of assistant teacher had commenced pursuant to the advertisement published by the respondents on 17.5.2020, by when reservation in public employment under EWS category was already implemented in State of U.P. vide office memorandum dated 18.2.2019. The petitioners, therefore, submit that the benefit of EWS reservation ought to have been extended in the recruitment exercise initiated for appointment to the 69,000 posts of assistant teachers in Basic Institutions.

6. The appointment to the post of assistant teacher in educa