- (1.) Leave granted. We have heard learned counsel on both sides.
(2.) Prior to 12/12/1993, the appellant had initiated the process of selection to various posts in the appellant university. The U. P. Public Services (Reservation of Scheduled Castes, Scheduled Tribes and Backward Classes) Act, 1994 (4 of 1994 (for short "the Act") came into force with effect from 22/3/1994. By operation of Section 1 (2 the Act came into force from 11/12/1993, i. e. , the date on which Ordinance was issued. Section 2 (c) of the Act defines "public services and posts" to mean the services and posts in connection with the affairs of the State and includes services and posts in clause (iv) which is as under: "2.(C) (iv) an educational institution owned and controlled by the State government or which receives grants-in-aid from the State government, including a university established by or under the Uttar Pradesh Act, except an institution established and administered by minorities referred to in clause (1 of Article 30 of the Constitution;"
(3.) Section 3 of the Act envisages reservation in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes, at the stage of direct recruitment; the following percentage is prescribed therein: "3.(1) (A) in the case of Scheduled Castes 21 per cent (b) in the case of Scheduled Tribes 02 per cent (c) in the case of Other Backward Classes of citizens 27 per cent. ";