- (1.) Delay condoned and leave granted in S.L.P. (Civil) No. 16466 of 2001 filed by the State of U.P.
(2.) Aggrieved by the judgment of the High Court at Allahabad, the present appeals are preferred by the U.P. Public Service Commission and the State of U.P. Pursuant to an advertisement issued on 31-12-1994 by the U.P. Public Service Commission for combined State/Upper Subordinate Examination, the respondent herein submitted his application as a Scheduled Tribe candidate. He passed the preliminary and main examination held in June/July, 1996. He was called for interview for consideration to the post of History Lecturer in the vacancy reserved for Scheduled Tribes. In the results published on 14-11-1996, the respondent was declared successful. However, it is the case of the Service Commission that on a recheck of the documents furnished by the respondent, it was found that the Naga tribe to which the respondent belongs is not a recognised Scheduled Tribe in the State of U.P. In the Presidential order issued under Art. 342 of the Constitution as well as the State Government's notification, only five tribes are mentioned as Scheduled Tribes. Therefore, the appellant-U.P. Public Service Commission did not send up its recommendation for recruitment of the respondent. At the same time, on 1-7-1997 the Commission intimated to the respondent that his selection was cancelled. The respondent, therefore, filed the writ petition under Art. 226 of the Constitution with a prayer to quash the order of the Public Service Commission dated 1-7-1997 and to direct the respondents in the writ petition to offer the appointment to him. This writ petition was allowed by the impugned judgment of the Division Bench of the High Court.
(3.) The High Court was of the view that there was no bar under any of the provisions to extend the benefit of reservation to Scheduled Tribe candidates of other States. The High Court observed : ". . . . . .There is no law and no provision has been brought to the notice of the Court which will limit the said reservation quota to be extended only to citizen of the State of U.P.. . . . . .";