M.KATJU, J. - (1.) THIS writ petition had initially been filed directing respondents to appoint the petitioner as backward class candidate to the post of Sub -Registrar on the basis of the U.P. Combined State/Upper Subordinate Services Examination, 1990 conducted by the respondents. By an amendment application the petitioner challenged the order dated 27/30 -11 -2000 passed by the Respondent No. 1 rejecting the representation of the petitioner. The petitioner claimed to be a backward class candidate. The U.P. Public Service Commission issued an advertisement dated 6/12 -1 -1990 Annexure 1 to the writ petition advertising several posts in the pay -scale of Rs. 1640 -2900. The categories of the post are mentioned in para 3 of the writ petition.
(2.) IT has been alleged in para 5 of the petition that the petitioner duly appeared in the aforesaid combined State Services Upper Subordinate Service, examination as backward class candidate. The written examination was held in the month of April/May 1991. The petitioner claimed that he was declared successful in the written examination against the vacancy reserved for backward class candidate. He was also directed to appear before the Interview Board on 2 -7 -1992 vide letter dated 27 -5 -1992 Annexure 2 to the petition. The final result was declared on 10 -8 -1992 vide Annexure 3. The name of the petitioner was not mentioned in the list of selected candidates. He has alleged that his name is in the waiting list for the post of Sub -Registrar. In para 10 of the petition it is stated that three candidates belonging to backward class were allocated Sub -Registrar posts namely, Umesh Kumar, Lal Sahab Yadav and Chhedi Lal Yadav. In para 11 it is stated that 15% posts were liable to be reserved for backward class candidates. It is also alleged that four posts of Sub -Registrar for backward class candidates were available but the respondents have advertised only 3 posts of Sub -Registrar for Backward class candidates. The petitioner made representation dated 12 -1 -1995 which is Annexure 4 to the writ petition. It is alleged in para 12 of the petition that due to non joining on the post of Sub -Registrar of selected candidates two posts of backward class candidate remained unfulfilled and according to 15% reservation one post will be treated unfulfilled. Hence it is alleged that three posts of backward class candidates of Sub -Registrar were not filled by the Commission. Hence the petitioner claimed that he should be given appointment against one of such posts. In para 14 it is stated that according to the waiting list prepared by the respondent on 18 -12 -1995 the name of the petitioner figured at Serial No. 6 and the name of one Shailesh Kumar Yadav was placed at Serial No. 1 but he declined to join the post of Sub -Registrar as he had been selected as Deputy Superintendent of Police in 1989. The second candidate Hari Shanker Yadav was selected as Naib Tahsildar. Hence he also declined to join as Sub -Registrar. Similarly Bhim Singh Yadav was selected as Assistant Consolidation Officer and hence he too declined to join the post of Sub -Registrar. The petitioner immediately made representation vide Annexures 5 to 8 to the appropriate authority but to no avail. The petitioner has relied on the decisions of this Court in Ram Naresh v. State of U.P. and Jai Narain Ram v. State of U.P., copies of which are Annexures 11 and 12 to the writ petition.
(3.) THE petitioner prayed that he should be appointed against one of the vacant posts of Sub -Registrar in backward class category.;