JUDGMENT

Ramesh Ranganathan, C.J. (Oral)

This writ petition is filed seeking a writ of certiorari to quash the selection of the private respondent to the post of Deputy Collector, under horizontal reservation available for ex-servicemen pursuant to the select list dated 27.07.2017, in as much as the petitioner had secured more marks than the private respondent; a mandamus commanding and directing the Public Service Commission to recommend the name of the petitioner for the post of Deputy Collector against the vacancy earmarked, under horizontal reservation for ex-servicemen, as the petitioner had secured more marks than the private respondent; a writ of mandamus commanding and directing the Public Service Commission to recommend the name of the petitioner for the vacancies available under horizontal reservation for general category ex-servicemen in the Combined State Civil/Upper Subordinate Service Examination-2012 which were lying vacant due to non-availability of suitable candidates; a writ in the nature of mandamus commanding and directing the Public Service Commission to recommend the name of the petitioner for the post of Deputy Superintendent of Police earmarked for ex-servicemen under horizontal reservation pursuant to the Combined State Civil/Upper Subordinate Service Examination-2012.

2. The petitioner, a member of the Scheduled Castes, is also an ex-serviceman. Pursuant to an advertisement issued by the Uttarakhand

Public Service Commission on 04.09.2014, the petitioner applied for both the posts of Deputy Collector and Deputy Superintendent of Police. It is the petitioner's case that the chart, in the advertisement issued by the Public Service Commission, merely states that reservation was applicable as per the Reservation Policy of the Government; it did not specifically state whether or not ex-servicemen posts were reserved in favour of the Scheduled Castes or the Other Backward Classes; he appeared in the written examination on 31.01.2016, and qualified in both the preliminary and the main examination; the Uttarakhand Public Service Commission declared the result of the main examination on 27.07.2017; while the last selected candidate in the general merit list had secured 818 marks, the petitioner had secured 807 marks; however, the fourth respondent who secured only 776 marks, (lesser marks than what the petitioner had secured), was selected to the post of Deputy Collector on the ground that horizontal reservation, in favour of ex-servicemen, was provided only for the general category; the petitioner was held ineligible, for being considered for appointment in the post horizontally reserved in favour of the ex-servicemen under the general category, on the ground that he belonged to the Scheduled Castes; and there was no quota reserved, under the Scheduled Castes category, for ex-servicemen.

3. Mr. Vinay Kumar, learned counsel appearing for the petitioner, would place reliance on Sections 3(1) and 3(3) of the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 to contend that a candidate, belonging to the Scheduled Castes, is entitled to compete for posts in the general category solely on the basis of his merit, as also for posts in the general category reserved in favour of ex-servicemen. Learned counsel would rely on Brijendra Deo Mishra vs. Public Service Commission, U.P. Allahabad, (1996) 4 UPLBEC 2392, in support of his submission that reservation is in addition to merit; and the petitioner, despite being a member of the Scheduled Castes, was entitled to be considered on the basis of his merit for appointment to the post of Deputy Collector in the general category post earmarked for ex-servicemen.

4. On the other hand Mr. B.D. Kandpal, learned Standing Counsel appearing on behalf of the Uttarakhand Public Service Commission, as also Mr. B.S. Adhikari, learned counsel for respondent no.4, would submit that, while a member of the Schedule