R. Banumathi, J. - (1.) These appeals arise out of the judgment dated 10.02.2017 in Writ-C No.34196 of 2015 and batch matters passed by the High Court of Judicature at Allahabad in and by which the High Court while upholding the result of written examination for the post of Technical Assistant-Group-C Agriculture Department, quashed selection process subsequent to the written examination and directed the Principal Secretary, State of U.P. to send requisition to the Uttar Pradesh Public Service Commission on the basis of quantifiable data and cadre strength as well as actual persons working in different categories so that the interview may be conducted afresh and complete the selection.
(2.) Brief facts which led to filing of these appeals are as under:- The Uttar Pradesh Public Service Commission issued an advertisement No.A-5, E-1/2013 dated 22.10.2013 inviting applications for 6628 vacancies of Subordinate Agriculture Services, Cadre-lll (Technical Assistant Group-C). In the said advertisement for the total requisitioned 6628 vacancies, category-wise vacancies are as under:- JUDGEMENT_114_LAWS(SC)9_2019_1.html Horizontal reservation in original advertisement is as under:- JUDGEMENT_114_LAWS(SC)9_2019_2.html The appellants as well as the private respondents applied for and appeared in the written examination held on 30.03.2014. As per the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (for short "UP Reservation Act, 1994"), specific percentages of vacancies have been reserved for different categories viz., (a) in the case of Scheduled Castes - 21% (b) in the case of Scheduled Tribes - 2% and (c) in the case of OBC-27%. It was brought to the notice of the State Government that there was wrongful calculation of categorywise vacancies in the earlier requisition and therefore, the earlier requisition was required to be revised. After a detailed inquiry as to the cadre strength of Technical Assistant - Group C and the actual working strength of persons in different categories, it was found that initially the number of requisitioned candidates in the category of General/Unreserved and OBC were wrongly calculated. It was noticed that the diploma holders who were required to be appointed against "Unreserved quota"; but were wrongly appointed against the "OBC quota" and the same was to be rectified. According to the State, after adjustment of diploma holders against "General Category" and in order to fulfill the requirements of constitutional and statutory mandate of reservation, the State Government has reworked the vacancies for different categories of persons and sent the revised requisition for the vacancies for different categories. The State Government after taking opinion of the Department of Personnel vide its order dated 20.08.2014 approved the revised vacancies for different categories of persons in accordance with the applicable reservation rules and accordingly, revised the requisition. Based on the said order dated 20.08.2014, Department of Agriculture vide its letter No.AC/101 dated 20.08.2014 sent the revised requisition for 6628 posts to the UP Public Service Commission as under:- JUDGEMENT_114_LAWS(SC)9_2019_3.html Horizontal reservation in amended requisition is as under: JUDGEMENT_114_LAWS(SC)9_2019_4.html Based upon the above revised requisition, on 15.09.2014, UP Public Service Commission declared the result of the written examination wherein, both the appellants as well as the private respondents were declared successful. After declaration of the result of written examination, the UP Public Service Commission issued an Office Memorandum dated 12.10.2014 notifying 2515 posts for Unreserved/General category; 1882 posts for SC category; 201 posts for ST category and 2030 posts for OBC category in consonance with the government order dated 20.08.2014. The successful candidates who cleared the written examination appeared for interview held from 27.10.2014 onwards. Finally, when the result of select list candidates was declared on 21.05.2015, the private respondents did not qualify.
(3.) Number of writ petitions came to be filed before the High Court by the unsuccessful candidates against respondents No.1 to 4 and by impleading some of the successful candidates assailing the validity of the Office Memorandum dated 12.10.2014 and the result declared on 21.05.2015 praying that they be quashed. They further prayed for direction to respondents No.1 to 4 to prepare the result afresh without giving effect to Office Memorandum dated 12.10.2014. It was contended that change in the number of vacancies in different categories is illegal and the same amounts to changing the rules of the game in the middle of the selection process. The impugned result was also assailed on the ground that it is in contravention to Section 3(1) of UP Reservation Act, 1994 and Rule 15(3) of UP Subordinate Agriculture Services Rules, 1993 (Agriculture Service Rules, 1993) and that the percentage of reservation to SC/ST and OBC categories crossed the upper limit of 50%.;