A. K. Yog, J. - (1.) -Pawan Kumar Tiwari, petitioner, has approached this Court by filing present petition under Article 226, Constitution of India and prays for following reliefs : "(i) Issue a writ, order or direction in the nature of certiorari quashing the advertisement dated 31.7.1999 for the Uttar Pradesh Nyayik Seva Civil Judge (Junior Division) Examination, 1999 (Annexure-7) published in the daily news paper "Dainik Jagran" by the Uttar Pradesh Public Service Commission, Allahabad, upto it relates with the vacancies arose in between the years, 1991 to 1997 ; (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to fill up the vacancies arose during the years 1991 to 1997 by any subsequent selection procedure except on the basis of the Uttar Pradesh Nyayik Seva Civil Judge (Junior Division) Examination, 1997 and the ratio of judgments and orders passed by the Hon'ble Supreme Court in the matters of State of Uttar Pradesh v. Rafiquddin and others, AIR 1988 SC 162 and Miss. Neetima Shangla v. State of Haryana and others, AIR 1987 SC 169 ; (iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to review the fixation of seats in favour of the candidates belonging to the reserved category which may not exceed than 50% at any rate and modify the selection list accordingly. (iv) Issue a writ, order or direction in the nature of mandamus commanding the respondents to review the selection list arising out of the Uttar Pradesh Nyayik Seva Civil Judge (Junior Division) Examination, 1997, by reserving one seat in favour of the candidates belonging to the reserved category under Section 3 of the Uttar Pradesh Public Service (Reservation for the Physically Handicapped, Dependents of the Freedom Fighters and Ex-Servicemen of the Military) Act, 1993 in view of the reservation policy and the ratio of the judgment and order passed by the Hon'ble Supreme Court in the matter of Miss Indira Saheny v. Union of India ;
(2.) BEFORE dealing with the merits of the case, it may be noted that the learned counsel representing the petitioner has made a statement at the bar that reliefs contained in sub-clauses (i), (ii), (iii) and (iv) in the prayer clause are not being pressed and that the petitioner confines his claim on the argument that exclusion of the name of the petitioner by resorting to wrong calculation while earmarking quota for general category treating even fraction less than 0.5 as one by resorting to rule of Rounding Off, in absence of Statutory Rule or Government order is nothing but arbitrary, illegal and unjustifiable. Facts of the case are not in dispute, which are summarised as follows : "U. P. Public Service Commission/respondent No. 2 is-sued advertisement dated 30.12.1997 ; invited applications for preparing merit list for for-warding it to the U. P. Government for filling up the post of Civil Judge (Junior Division) under U. P. Nyayik Seva Niyamavali, 1951, as amended upto date." Petitioner, who possessed requisite qualifications, apart from other candidates submitted application and appeared in the examination as well as interview held by the U. P. Public Service Commission.
(3.) WE directed the Commission to place original record which was placed before us. Name of the petitioner, on the basis of exclusive merit finds place at serial No. 37. However, after adjusting the candidates from reserved category, he was down graded to serial No. 44. Sri Pushpendra Singh, advocate has placed before us original letter dated 25th November, 1997. Para 2 of the said letter providing splitting of total 93 vacancies, as follows : I II III S.No. Category Reservation % age No. of Posts Worked out of Total 93 Posts No. of Posts allocated by respondents (on Rounding Off) 1 Scheduled Castes (S.C.) 21% 9.53 } 2 Scheduled Tribes (S.T.) 02% 1.86 } 21.39 - 2 3 Other Backward Classes (O.B.C.) 27% 25.11 26 4 General 50% 46.50 46 Total : 93 Posts;