Sunil Ambwani, J. - (1.) RESERVATION to Scheduled Caste, Scheduled Tribes and other Backward Class under Article 16(4) of the Constitution of India, as a positive action, to bring about quality of opportunity in employment, has been used in the present case as a political instrument to cause uncertainty and oppression to thousands of young and unemployed in the State waiting for appointments to Group 'C' posts in various department under State, which was frozen for years due to financial stringency, and for which selections were ultimately held in the year 2001. Brief facts which have led to the filing of the aforesaid batch of writ petitions as follows: The State Government by its notification No. dated 20.8.2001 decided to hold written examination for recruitment the Group 'C' posts outside the purview of U.P. Public Service Commission, to be held under the U.P. procedure for direct recruitment for Group 'C' post (Outside the purview of U.P. Public Service Commission) Rules, 2001 notified on 20.8.2001 made in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of all existing rules and orders on the subject (hereinafter called as Rules, 2001), excluding U.P. Secondary Education Services Board, U.P. Higher Education Service Commission, High Court and Subordinate Courts, Police Department including Provincial Armed Constabulary and Force Service and posts which have the prescribed minimum academic qualification lower than the Intermediate Examination Certificate and which are excluded from the application of these rules by Government, by notified orders as well as posts which are of technical nature or for which technical qualifications are prescribed. Rule 4 provided for determination of vacancies and Rule 5 for constitution of Selection Committee. These Rules provided for a written test, type test wherever required, and interview. In writ petition No. 31852 of 2002, Ajit Kumar Singh and others v. State of U.P. which is made leading case, an advertisement to fill up the posts by written examination to be conducted by District Selection Committee was issued on 23.8.2001, for 145 clerical posts in 18 different departments specified in the advertisement in the district of Kanpur Nagar. By a corrigendum the posts of Junior Accountants were excluded. Selection Committee was to be chaired by Additional District Magistrate (Civil) Supply. The written examination was held on 7.10.2001 in which all petitioners participated, result was published on 6.11.2001 in which petitioners were shown to have qualified. Type test for the post of Stenographer were held on 21.11.2001 and 25.11.2001 of which the result was published on 6.12.2001, in which all the petitioners except petitioner Nos. 10 and 15 were declared successful. Petitioner Nos. 10 and 15 were included amongst selected candidates in the selection list dated 12.12.2001. A third type test was held after 12.12.2001 of which result was declared on 31.12.2001. However, no appointment orders were issued. In some of the connected writ petitions, for example writ petition No. 31852 of 2002 between Rajendra Prasad and another v. State of U.P. and others, all the selected candidates in respect of District of Mathura, except two who have filed writ petition were issued appointment letters, and had joined. In some of the petitions, Examinations were held but the result were not declared.
(2.) RESERVATIONS for Scheduled Castes, Scheduled Tribes and other Backward Classes in different services in the State are specified under the provisions of U.P. Public Servant (Reservation for Scheduled Castes), Scheduled Tribes and Other Backward Classes) Act, 1994 (U.P. Act No. 4 of 1994). It provides for reservation in public service and posts at the stage of direct recruitment, twenty one percent in case of scheduled caste, ten percent in case of Scheduled Tribes, and twenty seven percent in case of Other Backward Classes of citizens, except those who are specified in schedule -II. On 20.9.2001, Act No. 4 of 1994 was amended by U.P. Public Service (Reservation for scheduled caste, Scheduled Tribes and Other Backward Classes) (Amendment), Rules, 2001 (U.P. Act No. 21 of 2001). These amendments provided for further categories amongst "scheduled caste" and "backward classes" of citizens whereas schedule classes were subdivided into Part -A and Part -B in Scheduled -III appended to the Act, the Backward Classes of citizens were sub -divided into "Backward Class" of citizens specified in Part A of Scheduled I, "More Backward Class" of citizens specified in part B of Scheduled -I, and "Most Backward Class" of citizens specified in Part -C of Scheduled -I. Under amended section 3, ten per cent reservations were provided for Scheduled Castes in Part -A of Schedule -III, Eleven percent for scheduled casts specified in Part B of Schedule -III, one percent for Scheduled Tribes, five percent for "Backward class of citizens", nine per cent for "more Backward Class of citizens" and fifteen per cent for "most backward class of citizens". Whereas reservations for Scheduled Castes, was maintained at twenty one per cent, the percentage of reservations for Scheduled Tribes was reduced to one percent, and for other backward class of citizens it was increased to twenty eight per cent. Sub -clause (5) of Section C provided for issuance of notified orders by the State Government for a roaster comprising of the total cadre strength of the public service for posts indicated therein, the reservation points and the roaster so issued was provided to be implemented in form of running account from year to year until the reservation for various categories of persons mentioned in sub -section of the Schedule I, after which the operation of the roster as running account was required to come to an end, and thereafter as and when the vacancies arises, the same were required to be filled from amongst the persons belonging to the category to which the posts belongs in the roster. Section 6 of the Amended Act provided that the provisions of the Principal Act as amended shall also apply in respect of such recruitment to public service and posts as are pending on the date of commencement of the Amended Act. Explanation A to section 6 of the Amendment Act, provided that a recruitment shall be deemed to be pending, if in pursuance of that recruitment, no appointment has been made before such commencement. The Amending Act, as such, was made applicable to the selections initiated vide advertisements issued in the year 2001, either before the commencement of the Act, i.e. before 15.9.2001, or after the said date. Amending Act was challenged before Supreme Court in Writ Petition (Civil) No. 488 of 2001 between Akhil Bhartiya Chhatra Yuva Berojgar Front v. State of U.P. on 14.12.2001, Hon'ble Supreme Court, passed the following orders: The learned Solicitor General States no further Executive Orders, in pursuance of the Uttar Pradesh Public Services (Reservation of Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act, 2001, shall be passed pending further orders. The Statement is made an order of the Court. The writ petition is adjourned to 14th January, 2002. Counter be filed on or before 7th January, 2002. Liberty to the petitioner, to put in a rejoinder, thereto. On 21.1.2002 when the writ petition came up next before Hon'ble Supreme Court, while allowing the exemption application, dismissing intervention, issuing rules and expediting the matters following order was passed. Exemption allowed. Application for intervention is dismissed. Rule expedited. Pending the disposal of the writ petition, no further executive orders in pursuance of the Uttar Pradesh Public Services (Reservation of Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act, 2001, shall be made pending the disposal of the writ petition. W.P. (C) Nos. 626/2001, 657/2001 and 2002. Tag with writ petition No. (C) No. 488 of 2001.
(3.) IN pursuance to, and in compliance with the aforesaid orders passed by Hon'ble Supreme Court, the Secretary, Department of Personnel, Government of U.P., Lucknow issued following orders to all Commissioners, District Magistrate, Principal Secretaries/Secretaries and All Head of Departments in U.P. From Secretary, Department of Personnel, Govt. of U.P., Lucknow. No. 1641/Ka -21/2001, Lucknow, dated December 21, 2001. Hon'ble Supreme Court in writ petition No. 488 of 2001, Akhil Bhartiya Chhatra Yuva Berojgar Front v. Govt. of Uttar Pradesh vide order dated 14.12.2001 has directed that on further executive orders in pursuance of Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Castes) (Amendment) Act, 2001/shall be passed pending further orders of the Court () in compliance of there's orders. The Government has been advised to go for process of selection on group 'C' posts, but no order declaring the result will be issued the further order of Supreme Court similarly no appointments or promotions will be made or advertise advertisement issued () please ensure strict compliance at once. Sd/ -(Hari Krishna)Secretary;