K. C. Agrawal, J. - (1.) Tileshwar Ram and Shitla Prasad Singh were the candidates at the examination conducted by the U.P. Public Service Commission for the Judicial Service of the State of U.P. in the year 1983. The total number of vacancies notified by the Commission for the examination were 76. Out of these 76 posts, 11 were reserved for backward classes. The advertisement required the candidates of the backward classes to append with their application Forms the certificate of either of the authorities which are mentioned in Paragraph 11. The aforesaid para is being reproduced below: HINDI MATTER
(2.) The petitioners claiming themselves to be the members of backward classes applied for the posts notified for them. Similarly, Respondents Nos. 3 to 6 also filled in the application forms for being appointed as against the reserved quota of backward classes. Respondent 3 Lukmanul Haq and Respondent 4 Shamshad Ahmad claimed themselves to be the members of Darzi and Gaddi castes respectively, which had been declared by the State of U.P. as backward classes under Article 16(4) of the Constitution. Article 16(4) of the Constitution confers discretionary power on the State to make the reservation of appointments in favour of backward classes of citizens which, in the opinion of the State, is not adequately represented in the service under the State. Article 17(4), however, does not confer any constitutional right upon the members of the backward classes nor any corresponding duty upon the State to make reservations for them.
(3.) Respondent 3 Lukmanul Haq filled in the application form, as stated earlier, claimed himself to be a Darzi, which, admittedly, was backward class. Along with the application form, Respondent 3 had filed a certificate of the Tehsildar , Najibabad, dated 14.1.1981 certifying that he was a Darzi by caste . Similarly, Respondent No. 4 Shamshad Ahmad had also filled in the form along with a certificate certifying that he was Gaddi by caste.;