- (1.) R. B. Misra, J. Heard Sri V. K. S. Chaudhary, learned Senior Advocate, assisted by Sri Devi Prasad Mishra, learned Counsel for the petitioner, Sri R. D. Dubey, learned Counsel for U. P. Secondary Education Service Selection Board, and Sri Sandeep Mukherjee & Mrs. S. Rathi, learned Standing Counsels for the State respondent. With the consent of learned Counsels for the parties this writ petition is being decided finally at this stage in view of the Second Proviso to Rule-2 of Chapter XXII of the Allahabad High Court Rules, 1952.
(2.) IN this petition prayer has been made for issuance of writ of mandamus commanding the respondents to consider the case of the petitioner for appointment of trained graduate teacher (Social Science) as reserved category candidate treating him as dependent of Freedom Fighter on the basis of the certificate dated 13. 01. 1999 issued by the District Magistrate, Ghazipur. The brief facts necessary for adjudication of the present writ petition are that the petitioner is a B. A. , B. Ed. and is fully qualified for appointment as Trained Graduate Teacher (Social Science) and petitioner is also a dependent of freedom fighter and the certificate dated 13. 01. 1999 (Annexure-4 to the writ petition) was issued in his favour by the District Magistrate, Ghazipur in support thereof. It appears that the State Government of Uttar Pradesh has promulgated Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 [u. P. Act No. 4 of 1993], which came into force on 11-12-1993, whereby 5% seats were to be kept reserved for the above categories e. g. physically handicapped, dependent of freedom lighters as well as ex-servicemen. Subsequently, Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 [u. P. Act No. 4 of 1994] deemed to have come into force on 11-12- 1994. Section 2 of U. P. Act No. 4 of 1993 is amended by the aforesaid amended U. P. Act No. 6 of 1997 and for clause (f) of the U. P. Act No. 4 of 1993, the following clause has been substituted as under: " (d) for clause (f) the following clause shall be substituted, namely: - ' (f) words and expressions used but not defined in this Act and defined in the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 shall have the meaning assigned to them in that Act. "
(3.) IT is clear by the aforesaid amendment that the words and expressions used but not defined in this Act and defined in the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 shall have the meaning assigned to them in that Act. The "public Service and Post" defined in the Act No. 4 of 1994 is reproduced as under:- " (c) "public services and posts" means the services and posts in connection with the affairs of the State and includes services and posts in- (i) a local authority. (ii) a co-operative society as defined in clause (v) of Section 2 of the Uttar Pradesh Co-operative Societies Act, 1965 in which not less than fifty one percent of the share capital of the society is held by the Slate Government. (iii) a Board of corporation or a statutory body established by or under a Central or a Uttar Pradesh Act which is owned and controlled by the State Government or a Government Company as defined in Section 617 of the Companies Act, 1956 in which not less than fifty one percent of the paid-up share capital is held by the State Government. (iv) an educational institution owned and controlled by the State Government or which receives grants in aid from the State Government including a university established by or under a Uttar Pradesh Act, except an institution established and administered by minorities referred to in clause (1) of Article 30 of the Constitution: (v) respect of which reservation was applicable by Government Orders on the date of the commencement of this Act and which are not covered under sub-clauses (i) to (iv ). ";