- (1.) Santosh Kumar Upadhyay is before this Court for following reliefs; I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to provide the benefit of two percent (2%) reservation quota and weightage of the dependants of the freedom fighter to the petitioner in the selection procedure of U.P. Combined State/Upper Subordinate Examination (General/Special Recruitment) 2015 so that justice be done. II. Issue a writ, order or direction of in the nature of mandamus commanding and directing the respondent concerned to decide the representation/application dated 30.5.2015 pending till now before the respondent no. 2, within a span of limited time period as prescribed and fixed by this Hon'ble Court. III. Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. IV. Award the cost of writ petition in favour of the petitioner.
(2.) Brief background of the case, as is emanating in the present case, is that petitioner claims that he is grandson (daughter's son) of the freedom fighter Late Sri Badri Narayan Upadhyaya s/o Late Dukharan Upadhyaya r/o Village Kodha, Pargana Ghisua, Tehsil Machlishahar, District Jaunpur and petitioner has come up with the case that U.P. Public Service Commission advertised for the recruitment of the vacancy of U.P. Combined State/Upper Subordinate Examination (General/Special Recruitment) 2015 and in the said direction the advertisement in question has been published on 28.1.2015. The last date of submission of the application was 28.2.2015. Petitioner applied for consideration of his candidature under the general category. The aforesaid recruitment process has to be completed in three tier system (i) preliminary examination (ii) mains examination and (iii) interview. Petitioner has been allotted roll no. 046472 and he was issued admit card and he undertook the preliminary examination and by his sheer labour qualified the preliminary examination. Petitioner, at the point of time, after being declared as successful in preliminary examination filled up the form to make mains examination and at the said point of time petitioner claims benefit of being dependant of freedom fighter. Thereafter, petitioner has undertaken the mains examination and has cleared the same and, thereafter, petitioner has been asked to face the interview by letter dated 7.12.2015, which has been scheduled to be held on 7.1.2016 and prior to it on 4.1.2016 present writ petition in question has been filed and it has been taken up on 7.1.2016 and therein prayer of petitioner has been that he should be treated as "Dependant of Freedom Fighter" by virtue of being son of daughter of freedom fighter Late Sri Badri Narayan Upadhyaya in pursuance of certificate dated 21.5.2015 issued by the competent authority and similar treatment, as has been extended to Markandey Pratap Narayan Singh, be also extended to him.
(3.) On the presentation of writ petition in question we asked the counsel representing the Commission in question as well as learned Standing Counsel to obtain necessary instructions in the matter and pursuant thereto requisite instructions have been obtained and the instructions in question are to the effect that as the date of submission of application was 28.2.2015 and the gazette notification in respect to the amendment in U.P. Public Services (Reservation for Physically Handicapped, Dependant of Freedom Fighters and Ex Service Man) Act, 1993, was made on 7.4.2015 and the certificate issued to the petitioner in respect to the dependant of a freedom fighter was issued on 21.4.2015 in the light of the aforesaid amendment, once the process of examination is on then midway petitioner cannot be permitted to change his category, as is being sought to be done in the present case and, accordingly, selection has to be made on the terms and conditions of the advertisement and, as such, no relief or reprieve should be given to the petitioner.;