A.P. Misra, J. - (1.) ALL these writ petitions raise common question and were heard earlier by a Division Bench resulting into conflicting opinions leading to reference to the third Judge for opinion under Ch. VIII, Rule 3, Rules of Court and the third Judge referring the decision in the case of Birendra Kumar Rai v. Union of India and others : A.I.R. 1992 Alld. 151, where in a similar situation, relying on earlier decision, referred the matter to be placed before a Full Bench, accordingly this Full Bench has been constituted by order of Hon'ble Chief Justice. Thus, no point has been referred but whole case has been sent for decision. This petition has not yet been admitted, but in view of Rules of Court as parties have exchanged affidavits and as also agreed, these petitions are being disposed of finally at the stage of admission. We have heard Sri Sudhir Chandra assisted by S/Sri A.K. Singh and A.P.N. Giri, learned counsel for the petitioners, Sri V.M. Sahai, learned counsel for the respondent -Commission, and learned Standing Counsel for the State.
(2.) PETITIONERS have challenged the declaration of select list who only are entitled to appear in the main examination of the Combined State/Upper Subordinate Service (Preliminary) Examination, 1991 on the ground that the principle and the criteria fixed by the U.P. Public Service Commission (hereinafter referred to as the Commission) of 1:20 ratio for permitting the candidate to appear in the main examination not co -relating the category of posts but to the total vacancy is violative of Articles 14 and 16 of the Constitution of India and is also against the statutory rules. All the petitioners appeared for the said examination but failed to qualify to appear in the main examination. The Commission advertised for holding the aforesaid examination on 26th January - -1st February, 1991 for 41 services. 11,28,000 candidates submitted their application forms, but 85,745 including the petitioners appeared in the preliminary examination held on 13th October, 1991 of which result was declared on 20th May, 1991. A select list of 4767 candidates was published according to merit. All the petitioners did not qualify, hence have challenged the said select list published by the Commission. To all the services except 5 the minimum prescribed educational qualification was Bachelor's Degree and special qualifications were prescribed for the following remaining five services: - - 1. U.P. Educational Service junior scale (Men's and Women's Branch)/District Inspector of Schools/District Savings Officer - -Post Graduate Degree. 2. Labour Conciliation Officer/Assistant Labour Officer - -Bachelor's Degree in Commercial Law or Arts with Economics or Sociology as one of the subjects. 3. U.P. Agriculture Service Class -II, Section B/Cane Service Class -II/Sr. Cane Development Inspector - -Bachelor of Science Degree in Agriculture.
(3.) ASSISTANT Controller, Weights & Measures Grades -I & II - -Bachelor of Science Degree with Physics/Degree in Mechanical Engineering.;