Sudhir Agarwal, J. - (1.) COUNTER and rejoinder-affidavits have already been exchanged between the parties and therefore as requested and agreed by learned counsel of the parties all three writ petitions which involves common question of facts and law, have been heard and are being decided finally under the Rules of the Court at the admission stage.
(2.) FOR the purpose of narration of facts we have taken the case of Paras Nath Pal and others, Writ Petition No. 18775 of 2007 as the leading case. Petitioners are candidates in Combined State/Upper Subordinate Service (Backlog/Special Recruitment) Examination, 2004 and have approached this Court under Article 226 of the Constitution challenging result of main written examination of the said selection declared by U. P. Public Service Commission (hereinafter referred to as "Commission") on 24.3.2007, by applying scaling method known as "Linear Standard Score Method". They have sought a writ of certiorari for quashing the said result and have further prayed for a writ of mandamus commanding the Commission to prepare the result of written examination afresh by excluding the aforesaid scaling method and instead applying "moderation system" as discussed by the Apex Court in para 23 of the judgment in Sanjay Singh and another v. U. P. Public Service Commission, Allahabad and another, JT 2007 (2) SC 534 : 2007 (5) AWC 4641 (SC). The facts in brief as stated in the three writ petitions are that the Commission vide Advertisement No. A-2/E-1/2004 published in the employment news dated 15/21.5.2004 for "Combined State/ Upper Subordinate Service (Backlog/ Special Recruitment) Examination, 2004". The number of vacancies reserved for Scheduled Castes, Scheduled Tribes and Other Backward Class in various services, i.e., 22 in all as notified are as under : "Sl. No. Name of the Post and Scale Vacancies S.C. S.T. O.B.C. 1. Dy. Collector 8,000-13,500 _ 03 16 2. Asstt. Regional Transport Officer 8,000-13,500 04 01 01 3. Block Development Officer 8,000-13,500 _ 08 _ 4. Addl. Distt. Dev. Officers 8,000-13,500 _ _ 05 5. Asstt. Commissioner Trade Tax 8,000-13,500 05 04 17 6. Executive Officer Panchayati Raj 8,000-13,500 04 _ _ 7. Manager (Marketing and Economic Survey) 8,000-13,500 01 _ 04 8. Asstt. Labour Commissioner 8,000-13,500 01 _ _ 9. Superintendent Jails 8,000-13,500 01 _ _ 10. Treasury Officer/Accounts Officer 8,000-13,500 08 02 04 11. Assistant Registrar Co-operative Societies 8,000-13,500 01 01 02 12. Distt. Commandant Home Guard 8,000-13,500 01 _ _ 13. Distt. Cane Officer 8,000-13,500" 01 _ 02 14. Distt. Administrative Officer 6,500-10,500 02 _ _ 15. Distt. Panchayat Raj Officer 6,500-10,500 03 _ 04 16. Distt. Backward Class Welfare Officer 6,500-10,500 _ _ 02 17. Distt. Savings Officer 6,500-10,500 02 _ _ 18. Distt. Social Welfare Officer 6,500-10,500 01 _ 04 19. Distt. Supply Officer Grade II 6,500-10,500 _ _ 01 20. Sub Registrar 6,500-10,500 05 02 09 21. Trade Tax Officer Grade II 5,500-9,000 18 06 35 22. Area Rationing Officer 5,500-9,000 _ _ 01"
(3.) ALL these services are governed by different rules governing recruitment and conditions of service under proviso to Article 309 of the Constitution of India and we shall consider in detail some of the relevant rules at a later stage. Pursuant to the aforesaid advertisement the petitioners applied. According to the scheme of selection as provided in the aforesaid advertisement the competitive examination comprises three successive stages as under : 1. Preliminary Examination (Objective Type) 2.Main Examination (Written Examination) 3.Viva Voce (Personality Test);