- (1.) THE Special Appeal arises from an order of the learned Single Judge dated 4 October 2013 dismissing a petition filed by the appellant under Article 226 of the Constitution.
(2.) ON 28 November 1995, 18 posts in the Class IV category were advertised for direct recruitment following the establishment of the District Judgeship of Siddharthnagar. The appellant, who belongs to the General Category, participated in the selection. Appointments to the vacant posts were made on 1 December 1995. The appellant was not appointed and consequently filed a petition in 1996. The reliefs that were sought in the petition were for (i) quashing of the select list of reserved category candidates on the ground that the candidates who were appointed from that category exceeded the number of posts belonging to the reserved category quota, (ii) quashing an order of regularization that was passed in favour of respondent Nos. 3 to 12, and (iii) a mandamus to the respondents to make appointments from the select list in accordance with law. A counter affidavit as well as supplementary counter affidavit were filed in response to the petition.
(3.) THE learned Single Judge dismissed the petition, holding that no interim relief was granted in favour of the appellant and since the persons, whose appointments were questioned, were working in the establishment since 1995, it would not be in the interest of justice to unsettle those appointments. The prayers in the writ petition would indicate that there were two separate grievances of the appellant. The first related to the appointments made in pursuance of the advertisement dated 28 November 1995. According to the appellant, the number of candidates appointed from the reserved category exceeded the number of posts belonging to the reserved quota. Factually, this was denied on behalf of the respondents in the supplementary counter affidavit where it was stated that the appointments were made in accordance with the provisions of the U.P. Public Services (Reservation of Scheduled Caste, Scheduled Tribes and Other Backward Classes) Act, 1994 and as per the Government Order dated 29 March 1994, nine posts were set apart for the General Category, six for Other Backward Classes and four for Scheduled Caste and Scheduled Tribe category candidates.;