S.R.Singh, J. - (1.) The U. P. Public Service Commission, Allahabad (In short referred to as the 'Commission) issued an advertisement, it being advertisement No. A-l, E-l/89-90 notifying the Combined State Service Examination 1989, inviting applications for the recruitment to the posts specified in the advertisement on the basis of competitive examination followed by Interview. According to advertisement, 8% posts were reserved for Discharged Personnel/Handicapped/Emergency Commissioned/Short Service Commissioned and Ex-Army Personnel. The petitioner being a short Service Commissioned Officer, applied in pursuance of the said advertisement in the manner prescribed therein. Along with his application, the petitioner filed a written undertaking that in event of his being selected for the post applied for, he would get himself released from the Military service. He was allotted Roll No. 18361 and appeared successfully in the written examination, By means of a Communication dated 14-3-1991, the petitioner was called upon to appear for interview before the Commission on 25-3-1991. It appears that by communication contained in Commission's letter dated 23-3-1991, the petitioner was required to produce a certificate as to his eligibility in the category of Ex-serviceman/Commissioned Officer etc. in terms of the following which according to the Commission, is a pre-requisite condition for being included in the said category. "A pat Kaleen Commission Prapt Adhikariyon/Alpkaleen Seva Commission Prapt Adhikariyon Sahit Bhootpurva Sainikon Tatha Commission Prapt Un Adhikariyon par Bni Yeh Chhoot Lagu Hogi Jinhone Raksha Seva Me Kam Se Karn 5 Varsh Ki Seva Kar Li Hon. Eise Raksha Seva Sainikon/Adhikariyon Jo Avedan patra prapt Kiye Jane Ki Antim Nirdharit Tithi Ke 6 Mah Ki Avadhi Me Karya Mukta Hone Vale Honge, Ko Bhi Yeh Chhoot Anumanya Hogi Yadi Unki Kul Seva Avadhi 5 Varsh Se Kam Na Ho."
(2.) It transpires from the communication of the Commission dated 23-3-1991 that as per certificate already filed by the petitioner, he was in the last year of initial five years' contractual period of Defence Service, where as according to the Government order extracted as aforesaid in the communication dated 23-3-t991 five year's minimum service was required for being eligible as Ex-serviceman/Commissioned Officer etc. On the admitted facts, the petitioner had not completed five years' in the Defence Service as short service Commissioned Officer on the last date of the receipt of the application before the Commission, though on 25-3-1991, the date of interview he had put in more than five years of Defence service as short Service Commissioned Officer. It appears that according to the view taken by the Commission, the petitioner was not eligible under the category of Ex-serviceman/short Service Commissioned Officer etc. by reason of the fact that he had not completed five years of Defence service on 2-9-1989, which was the last date of receipt of the application forms in respect of the said examination before the Commission. Accordingly, by office order dated 25-3-1991, the petitioner was intimated that it would not be possible to extend the benefit of reservation and accordingly, the result of bis examination was being cancelled. True copy of this office memo dated 15-3-1991 is annexed to the petition as Annexure No. 5.
(3.) The petitioner has sought for a writ of certiorari quashing the said office order as also the order dated 25-3-1991 (Annexure-6) where by the petitioner's review application dated 25-7-1991 was rejected. This Court passed in interim order on 27-3-1991 directing the Commission to allow the petitioner to appear in the Interview which was then going on, provisionally, but the Court further quipped that the result would not be declared until further orders of the Court in so far as the petitioner is concerned. In pursuance of the said order, the petitioner was allowed to appear in the Interview, but his result stood frozen in view of the postulate in the interim order of this Court dated 27-3-1991.;