Candidates from reserved categories must prove non-reliance on eligibility relaxation to be adjusted against unreserved seats; participation without challenge limits claims.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Earlier, the petitioners had filed Writ-A No.13466 of 2025, in which the respondents have filed a short counter affidavit. However, during submissions, the opposite parties placed reliance upon the office memorandum dated 09.01.2020 whereupon Writ-A No.13466 of 2025 was withdrawn by the petitioner on 30.01.2026, with liberty to file a fresh petition. Accordingly, this petition has been filed by them on 31.01.2026 and it has been placed before this Court in furtherance of an order passed by the Hon'ble Chief Justice keeping in view the urgency pointed out by the learned counsel for the petitioners that the petitioners have secured marks higher than the unreserved candidates in preliminary examination but they are not being allowed to participate in the mains exam scheduled to be held on 02.02.2026.

2. Heard Shri Santosh Kumar Yadav Warsi Senior Advocate assisted by Shri Krishan Kanhaya Pal Advocate, the learned counsel for the petitioner, Shri Rahul Shukla, the learned Additional Chief Standing Counsel for the State of U.P. representing the opposite parties no.1, 2 and 3, Shri Ayush Chaudhary, the learned counsel for the opposite party no.4- State Election Commission and Shri R.K. Upadhyaya and Shri Ravi Shankar Tiwari, the learned counsel for the opposite party no.5.

3. By means of the instant Writ Petition, the petitioner has challenged the validity of a notification/office memorandum dated 19.01.2020 (Annexure No.19 to the writ petition) issued by U.P. Public Service Commission providing that only those candidates of reserved category securing marks higher than than the minimum cut-off marks obtained by the unreserved candidates, will be adjusted against unreserved seats, who have not availed the benefit of any relaxation in eligibility conditions for reserved category candidates. Otherwise, the candidate will remain in their respective categories till final selection. The petitioners have also sought issuance of a writ of mandamus commanding the opposite parties to call candidates for the mains written examination in the ratio of 15:1 vacancies specified in the advertisement with reference to the total number of advertised vacancies, instead of making such computation with reference to post under individual departments and without ignoring the number of candidates who are treated as being qualified on several occasions with regard to post of individual department. The petitioners have also sought writ of mandamus commanding the opposite parties to finalize the selection process for candidates belonging to other backward class after taking into account the specified quota of reservation of 27 person in terms of U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 with reference to the total number of advertised vacancies pertaining to individual departments.

4. U.P. Public Service Commission had issued an advertisement dated 09.10.2023 for making selections for appointments to the post of Sameeksha Adhikar/Sahayak Sameeksha Adhikari (Review Officer, Assistant Review Officer) in the U.P. Civil Secretariat, Board of Revenue, Public Service Commission and Election Commission.

5. In furtherance of the advertisement, a preliminary examination was held on 27.07.2025. The petitioners have participated in the preliminary examination.

6. Learned counsel for the petitioners has submit