R.C.Lahoti, CJI - (1.) IN the year 1997 the State Public Service Commission, pursuant to the requisition made by the State Government on the advice of the High Court of Uttar Pradesh, advertised 93 posts of Civil Judge (Junior Division) in the Uttar Pradesh Judicial Service. Keeping in view the provision for reservation mandated by the UP. Public Service (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex-Servicemen) Act 1993 and U.P. Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act 1994, certain posts were reserved. To the extent of the percentage of reservation, as contemplated by the two Acts, mentioned above, there is no controversy. The controversy centres around the application of percentage as against the total number of posts.
(2.) THE percentages of reservation, as applicable and as was actually applied, are set out in the following table : JUDGEMENT_3_SUPREME1_2005Html1.htm The respondent belongs to general category. 46 selected candidates in general category were appointed. There were 3 candidates in the waiting list. The respondent was at the top of the waiting list. He was denied appointment. Feeling aggrieved the respondent filed a writ petition in the High Court which has been allowed. A writ of mandamus has been issued by the High Court directing the appellants herein to issue a letter of appointment to the respondent. The State has filed this appeal by special leave.
(3.) HAVING heard the learned counsel for the parties we are satisfied that the appeal is devoid of any merit. The High Court has found mainly two faults with the process adopted by the State Government. First, the figure of 46.50 should have been rounded off to 47 and not to 46; and secondly, in the category of freedom fighters and ex-servicemen, total 3 posts have been earmarked as horizontally reserved by inserting such reservation into general quota of 46 posts which had the effect of pushing out of selection zone three candidates from merit list of general category.;