D. P. Mohapatra, C.J. - (1.) THE core question that falls for determination in these cases is what is the percentage of reservation for Backward Classes applicable to the recruitment in question? To be more specific, whether it is 15 per cent as prescribed under the U. P. Public Services (Reservation for Backward Classes) Act. 1989 (U. P. Act No. 21 of 1989) or 27 per cent as prescribed under the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (U. P. Act No. 4 of 1994).
(2.) THE factual backdrop of the case necessary for appreciating the contentions raised in the case may be stated thus on 4th of October, 1991, an advertisement was issued by the State of Uttar Pradesh inviting applications for the purpose of filling up of 475 posts of male Sub-Inspectors and 50 posts of female Sub-Inspectors in the State on direct recruitment basis. Subsequently, by means of corrigendum the number of vacancies were increased to 570 in respect of males and 60 posts in respect of females. For the purpose of selection, the candidates were to appear for (a) preliminary examination ; (b) physical test ; (c) written examination (main); (d) medical tests and (e) interview. A large number of candidates applied for the posts. A preliminary examination was conducted on 28th June, 1992, and result of the same was declared in the month of October, 1992. The successful candidates were required to undergo a physical test. The said test was held on 4th, 5th and 6th January, 1993 and the result was declared on 7th January, 1993. The writ petitioners/ respondents who had appeared in the preliminary examination and physical test were required to appear in the written examination (main) which was held on 8th and 9th January, 1993. All the petitioners appeared in the said examination. The result of the written examination (main) was declared on 19th of July, 1993 and 2382 candidates were declared to have qualified in the said examination. The successful candidates were to undergo medical test which is a prerequisite for the interview. The dates for interview were fixed between 24th September, 1993 and 19th October, 1993. Nine hundred sixty-one candidates were Interviewed between 24th September and 1st October. 1993. On 2nd October, 1993, a press note was issued to the effect that the Interviews which were scheduled to be held between 1st December, 1993 and 29th December, 1993 for the direct recruits were being postponed in pursuance of the direction issued by the State Government. In the meantime, Assembly elections took place between 18th November, 1993 and 21st November, 1993 and on 4th December, 1993 new Government was formed. The State Government informed the Director General of Police that it had decided to postpone the process of selection for the post of Sub-Inspectors (Civil Police) till further orders. Thereafter a press report was published by the Director General of Police notifying that the interviews which were scheduled to be held between 4th December, 1993 and 10th January, 1994 have been postponed. On 11th February 1994, the new Government issued an Ordinance with retrospective effect from 11th December. 1993, for making certain additional reservation for Scheduled Caste and Backward Class candidates. Clause 15 of the Ordinance, however, provided that the Ordinance shall not apply to the cases in which the selection process has been initiated. Subsequently, the Ordinance was replaced by Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994, (U. P. Act No. 4 of 1994) which was published In the U. P. Gazette on 23rd March, 1994. On 9th of June, 1994, an order was issued by the Government stating that the entire selection process was being cancelled and it would start afresh. In pursuance of the said order, the Director General of Police issued a consequential order on 10th of June, 1994, notifying that fresh orders will be issued shortly for starting entire selection process afresh. On 24th June, 1994, the Director General of Police issued a fresh advertisement for the posts of Sub-Inspectors. The writ petitioners, who were declared successful in the written examination (main) and most of whom had been selected for the interview and some of whom had already been interviewed, felt aggrieved by cancellation of the selection vide Government Order dated 9th June, 1994. Therefore, they filed the writ petitions seeking quashing of the said Government Order and issue of a writ of mandamus to the respondents to proceed with the selection process already initiated.
(3.) THE gist of the case of the petitioners was that the action of the State Government in cancelling the selection process, in which considerable progress had been made and which was about to be completed, was wholly arbitrary, without any rational basis and justification. It was the further case of the petitioners that they had acquired a right to be considered for appointment to the posts in question on the basis of the selection process which had been initiated and which was continuing when the illegal order of cancellation was passed: In the counter-affidavit filed on behalf of the respondents, it was averred inter alia, that the State Government decided to cancel the selection process since there were certain irregularities in the advertisement issued for the selection and certain complications relating to the reservation policy could not be resolved despite best efforts.;