- (1.) PALOK Basn, J. These three writ petitions raise common questions and looking at the extreme urgency of the matter, affidavits were permitted to be exchanged and as requested by various counsel for the respective parties these are being decided finally at the admission stage. The challenge in all these petitions is to the additional result declared by the U. P. Public Service Com mission on 22-1-1995 whereby 1452 (one thousand four hundred fifty-two only) candidates belonging to backward classes and schedule caste have been called for written examination alongwith other successful candidates who had appeared at the preliminary Test for Combined State/upper Subordinate Services Main) Examination 1992.
(2.) BEFORE delving into the various important questions of facts and law argued in these writ petitions, it may be mentioned that the questions raised herein are not likely to arise in any future public-Services examination and therefore this judgment will be confined to the facts involved in the examina tions which have been held in the year 1992 ; and that in the future public Services examinations to be conducted, the change in the reservation quota brought about by the two enactments to be referred hereinafter, have to be followed from the very beginning and therefore the genesis for the grievances raised in these petitions are not likely to arise in the future examination to be conducted by Public Service Commission. The questions have cropped up because of the transition from one quota to another quota of reservation after the posts were initially advertised. Detailed arguments have been advanced by Sri Ashok Khare, Sri B. K. Tripathi and Sri Janardan Sahai on behalf of the petitioners in these writ petitions and Sri R. K. Saxena, Sri D. R. Chaudhary and Sri Ganga Prasad, learned Standing Counsel on behalf of the State of U. P. , and Sri V. M. Sahai, learned counsel for the U, P. Public Service Commission in all these writ petitions. The facts lie in a narrow compass. In March, 1992 the U. P. Public Service Commission (For short the Commission) advertised certain vacancies calling for applications from candidates by 2-5-1992. These were described as Combined State/upper Subordinate Services (Main) Examination , 1992. A large number of candidates applied and therefore, in accordance with the Rules known as U. P. Direct Recruitment through Public Service Commission (Prel.) Examination Rules, 1986 (For short the Rules) and after holding the preliminary test, 5533 (Five thousands five hundred thirty three only) general candidates and 4218 (Four thousands two hundred eighteen only) candidates in the reserved category were called for appearing in the final examination. This result was declared on 24-4-1994.
(3.) THIS is the relevant place to mention that the reservation under various Rules and Regulations then in- vogue was a follows : 18% Scheduled Castes 2% Scheduled Tribes 15% Backward Classes 2% Physically Handicapped 5% Dependents of Freedom Fighters 8% Ex. Servicemen. The total of these percentage figures would bring total percentage to 50% of the vacancies.;