JUDGMENT

R.C. Lahoti, J.-Leave granted.

2. U.P. Public Service Commission, on a requisition made by High Court of Allahabad, held an examination in the year 1990 for selecting suitable candidates for appointment of Munsifs. The respondent, who belongs to a scheduled caste, also apppeared in the written examination and was declared having passed the same. He was also called for an oral interview on 17.10.1994. Result of the selection was declared on 25.11.1994. 22 seats reserved for scheduled caste candidates. The name of the respondent did not figure in the list of successful candidates. The respondent had secured 432 out of 950 marks. The last two candidates appearing in the list of successful candidates belonging to the scheduled caste category were Shambhu Nath and Rahul Kumar Katyal who had secured 433/950 marks each.

3. It appears that in the list of candidates belonging to the general category there were several candidates who had secured an aggregate of 522 marks each. The practice then followed by the Public Service Commission was that if two or more than two candidates had obtained the same marks then while determining their position inter se in the list of selected candidate