S. R. Misra, J. - (1.) BY means of the present writ petition under Article 226 of the Constitution of India, the petitioner, a Schedule Caste candidate, duly selected, after qualifying in written examination and facing interview as as Assistant Engineer (Civil), by U.P. Public Service Commission in the select list dared 15-1-1992, challenges the order dated 25-4-92 passed by State Government disapproving the said Select List recommended by the Commission.
(2.) BEFORE we proceed to examine the case, on merits, it is necessary to summarise the facts leading to the filing of the present writ petition. The petitioner passed his bachelor of Engineering (Civil) Examination from M.M.M. Engineering College, Gorakhpur, in The year 1987. The petitioner being admittedly a Scheduled Caste candidate, applied for The post of Assistant, Engineer (Civil), in response to an advertisement issued by The Uttar Pradesh Public Service Commission (for short 'UPPSC) dated 20-6-1987 (Annexure 1 to The writ petition). The aforesaid advertisement was published in The daily newspaper on 20-6-1987. The first advertised through The aforesaid advertisement relates to Centralised Services in U. P. Palika Engineering (Superior) Services. The petitioner was called for interview, and became successful. UPPSC recommended The name of 15 persons for approval and appointment through its letter dated 16-1-1992 under The signatures of Joint Secretary. However, The State Government vide its letter dated 26th April, 1992 refused to accord approval to The said list on The ground, as mentioned in The order, that all The posts fell within The reserved quota and were liable to be filled in by The said persons only. Since The persons recommended by UPPSC belonged to different categories of caste, it was not possible for The State Government to accord its approval. It is this order of The State Government dated 25-4-1992 which is under challenge. We have heard learned counsel for the parties. In our opinion, the impugned order dated 25-4-1992 of the State Government cannot be allowed to stand as it is arbitrary on the face of it. The impugned order is not sustainable on account of the fact that the State Government has miserably failed to consider the pertinent issue involved and its order defies the very object, which is sought to be achieved.
(3.) THE State Government, vide impugned order dated 25-4-1992 has refused to grant approval to the Select List of Assistant Engineer (Civil) dated 16-1-1992 recommended by the UPPSC only on the ground that since the entire posts fell within the purview of reservation quota, the same is liable to be filled in only by the candidates belonging to members of Scheduled Caste. THE aforesaid order has been issued pursuant to such decision taken by the Government on 23rd December, 1991. THE impugned order, since makes interesting reading, especially in the background of the present case, as well as looking into the object it seeks to achieve, hence is reproduced below :- "Uparyukt visayak apne patra sankhya 474(I)/12/R/N/M-P/S-10/82-83 dinank 16 January, 1992 ka kripaya sandharbh len jisme vars 1987 men bheje gaye Adhiyachan ke virudh 15 sahayak abhiyantaon ke chayan ki sanstuti bheji gayee hai. . Vartaman me aarakshan quota pura na hone ke karan uplabdh 12 riktiyon hetu sanshodhit adhiyachan shasan ke patra sankhya 7417/Na-4-91- 110 E/91 dinank 23-12-91 dwara Aayog ko bheja gaya hai aur anurodh kiya gaya hai ki visesh abhiyan chalakar chayanit abhyarthion ki suchana uplabdh karaya jaye. Ukt paristhiti men apke uprokt patra dinank 16-1-1992 dwara sansutik abhyarthion ki niyukti kiya jana sambhav nahi hai. Atah mujhe yah kahane ka nirdesh hua hai ki kripaya is chayan ko nirast karne ka kast karen tatha shasan dwara dinank 23-12-91 ko preshit adhiyachan ke anusar aarakshit varg abhyarthion ka chayan karke shasan ko bhejne ka kasht karen. Apke ukt patra ke sath prapta sabhi sanglangnak yathavat wapas kiye jate hain." The last line of the aforesaid order leaves no room for doubt that since the State Government was desirous of filling all the posts by the candidates belonging to Scheduled Caste and Scheduled Tribes alone, hence the commission (UPPSC) was directed to proceed afresh to ensure that all the posits are filled only by the candidates belonging to such category.;