- (1.) Petitioner applied for selection to the post of conductor in the respondent corporation as a candidate belonging to Other Backward Caste. In terms of the advertisement issued, petitioner has participated in the written examination, but he is aggrieved by the action of respondents in not calling him for interview.
(2.) From the materials, which have been brought on record, it appears that a merit list has been drawn on the basis of provisions contained under rule 8(2)(iii) of the U.P. Direct Recruitment to Group 'C' Posts (Mode and Procedure) Rules, 2015, which provides that commission shall draw a separate list for the purpose of calling of candidates belonging to unreserved and reserved category for interview on the basis of their merit. Rule 8(2)(iii), which has been applied by the Commission is reproduced:- "8(2)(iii). After the results of the written examination have been received and tabulated, the Commission shall, having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and others under rule 6, summon for interview such number of candidates as on the result of the written examination, have come up to the standard fixed by the Commission in this respect. The marks awarded to each candidate at the interview shall be added to the marks obtained by him in the written examination."
(3.) On the basis of aforesaid position, it transpires that the persons, who have secured 220 marks, in the unreserved category have been called for interview, whereas the persons securing 246 or above marks from the Other Backward Caste alone have been called for interview. Similarly, persons securing 242 or above marks from the Scheduled Caste have been called for interview. Petitioner contends that his right to equality qua an unreserved category candidate cannot be violated and he cannot be put to a disadvantageous position qua an unreserved candidate.;