SUNIL AMBWANI,J. - (1.) BY this writ petition, a Physically Handicapped person with locomotor disability, has prayed for a direction to the respondents to give him appointment as Junior Engineer (Civil) on the basis of selection vide Advertisement No. 3/98 -99 issued by the U.P. Public Service Commission, Allahabbad and to permit him to function as Junior Engineer (Civil) in Public Works Department of the State.
(2.) I have heard Sri Ashok Khare, Senior Advocate, assisted by Sri Ajai Kumar Srivastava; and Sri Ravi Ranjan, learned Standing Counsel for the respondents. Both the parties have agreed for final disposal of writ petition at this stage. U.P. Public Services Commission issued an Advertisement No. 3/98 -99 inviting applications to fill up vacancies in irrigation, minor irrigation and Public Works Department. The advertisement specified 496 posts of Junior Engineer (Civil) as special recruitment for filling up back log vacancies of Scheduled Caste and Scheduled Tribes, as also 436 post of Junior Engineer (Civil) by way of direct recruitment. Petitioner, a Physically Handicapped person, belonging to General Category, applied for the post supported by a certificate issued by Chief Medical officer. The advertisement provided that 91 vacancies of Junior Engineer (Civil) in Public Works Department are reserved for Scheduled Caste and Scheduled Tribes and 117 for Other Backward Classes. In advertisement, it did not specify reservation for Physically Handicapped persons. Petitioner qualified in preliminary examination held on 11.10.1998 and was called to appear in interview before the Commission on 12.7.1999. In the final result published in 1st week of January, 2000, petitioner was placed at Serial No. 591, in the select list under the category of Physically Handicapped person (General). He was, however, not given appointment.
(3.) BEFORE considering the issues raised in this petition, it is necessary to give a brief history of legal proceeding relating to the selections. In Civil Misc. Writ Petition No. 32605 of 1998, Nandan Misra v. State of U.P., Court, issued an interim order on 12.10.1998 directing that until further orders only 50% of the advertised post in pursuance of the Advertisement No. 3 of 1998 -99 for the post of Junior Engineer (Civil) shall be filled -in by reserved quota. In another Writ Petition No. 1066 of 2000, Siya Ram v. State of U.P. and others, an interim order was passed on 1.3.2000 directing the State Government not to make any appointment against the post reserved for S.C./S.T. The matter thereafter came up for orders in Writ Petition No. 748 (SS) of 2001, Ravi Kumar Verma v. State of U.P. and others, before the Lucknow Bench of this Court. The Court vide its order dated 23.5.2001 found that the controversy involved in the petition revolves around a question as to what is the meaning and import of special drive and whether special drive in the present case was really a special drive and could be undertaken in pursuance of sub -sections (2) and (3) of Section 3 of U.P. Public Services (Reservation of Scheduled Caste, Scheduled Tribes and Other Backward Class) Act, 1994. It was found by the Court that no selection was ever held for filling up the vacancies for which the special drive was undertaken. These vacancies relate to the period prior to June, 1983 and thereafter up to the year 1993 and that the matter with regard to the special drive and decrease in number of vacancies on account of bifurcation of State and abolition of certain circles requires consideration at the time of final hearing. In the meantime it was proper, without recording any finding on the question as to whether the special drive could be held or motor the total number of vacancies which has been detailed, have to be filled by candidates of General Category or they have to be filled only up to the extent of 50% from amongst the reserved category candidates, the existing vacancies shall be filled from amongst the selected candidates in order of their merit against the vacancies advertised under general common category in which reservation shall be applied in accordance with rules. The State Government was directed to ensure that the maximum number of selected candidates are accommodated against the existing vacancies, which shall be subject to further orders of the Court.;