- (1.) HEARD Sri Rajeshwar Tiwari, counsel for petitioner, learned standing counsel for respondent no. 1 and Sri Ajay Kumar representing respondent no. 2 and 3 and perused the record.
(2.) BACKDROP of the case is that U.P. Public Service Commission vide advertisement no. A -2/E -1/2003 notified vacancies for U.P. Judicial Service Civil Judge (Junior Division) for preliminary examination which was held on 31.3.2004. The petitioner was declared successful in the preliminary examination in which was held on 14.4.2005 onwards and result was declared on 2.5.2005. It appears that a number of petitions were preferred before the High Court, one being Writ Petition No. 28209 of 2005, Ashutosh Tripathi and others Vs. High Court of Judicature at Allahabad and others, in which final judgment was passed on 16.8.2005. It was observed by the High Court in the aforesaid judgment that 1% horizontal reservation is not permissible to the Ex Army personnel for the posts of group 'A' and 'B' according to the G.O. Dated 28.7.1999 and that out of total 347 vacancies advertised, 174 vacancies shall be filled up by the General category candidates and remaining 173 vacancies shall be filled up by the Reserved category candidates as reservation cannot exceed more than 50% of total number of the vacancies. On calculation one vacancy of the reserved category was transferred to the general category.
(3.) IT further appears from the record that the Commission in compliance of the Court order aforesaid, withheld recommendation of six vacancies i.e. three vacancies of Ex -Army personnel and one vacancy of the last selected candidates of each categories i.e. O.B.C., S.C. and S.T. It further requested the State Govt. vide its letter dated 17.4.2006 to send revised requisition in compliance of judgment and order of the High Court. Consequently, revised result was declared on 11.4.2006 in which petitioner was not found selected and he moved a representation dated 24.3.2006. It is in the aforesaid backdrop that this petition has been filed. Case of the petitioner is that after declaration of the result, neither any waiting list was published nor there was any disclosure regarding it, but the petitioner has got information from office of the respondent commission through some reliable sources that he is at serial no. 1 in the waiting list. According to him, perusal of the advertisement itself shows that Ex -Army personnel would get 1% reservation. Total number of vacancies were 347, hence total number of reservation for Ex -Army personnel would be 3.47 i.e. 4 in full numbers. It is stated that reservation for Ex -Army personnel has been deleted in 1999 vide G.O. Dated 28.7.1999 appended as annexure no. 6 to the writ petition and therefore the petitioner moved a representation dated 24.3.2006 in this regard, inter alia stating that as 1% reservation for Ex -Army personnel has been deleted, advantage should be given to the persons in the waiting list; that since total vacancies of 1% reservation are to be calculated as four vacancies. As such after cancellation of candidatures of wrong candidates, the said vacancies may be included in the general category, to which the petitioner belongs and as he has been informed to be at serial no. 1 in the waiting list of general candidates, he is liable to be selected.;