- (1.) PRADEEP Kant and Ajai Kumar Singh, JJ. Uttar Pradesh Rajya Vidyut Parishad Anusuchit Jati/janjati Karamchari Kalyan Samiti is a recognised association looking after the interest of the officers and employees belonging to Scheduled Caste and Scheduled Tribes working in the U. P. Power Corporation Ltd. and other companies. The association has filed this writ petition claiming reservation for Scheduled Caste and Scheduled Tribes to the extent of 23% on the post of Directors and Managing Directors in different companies, namely, U. P. Power Corporation Ltd. and also other power sector companies, i. e. , (i) Dakshinanchal Vidyut Vitran Nigam Limited, Agra; (ii) Madhyanchal Vidyut Vitran Nigam Limited, Lucknow; (iii) Paschimanchal Vidyut Vitran Nigam Limited, Meerut; and (iv) Purvanchal Vidyut Vitran Nigam Limited, Varanasi, as per the provisions of U. P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994.
(2.) THE petitioner had earlier filed a writ petition challenging the selection made on 1. 2. 2006 in pursuance of the advertisement issued on 1. 9. 2005 for filing up the posts of Managing Directors and Directors, on the ground that the said selection was per se illegal as it was conducted without implementing the reservation quota. THE said writ petition was disposed of finally with a direction to dispose of the representation of the petitioner by a speaking order. THE representation was rejected by means of order dated 15. 9. 2006, after observing that the posts of Managing Director and Director are not governed by the provisions of the Reservation Act of 1994, which has apparently given a fresh cause of action to the petitioner to prefer the present writ petition seeking quashing of the aforesaid order and for issuance of a writ in the nature of mandamus to review the selection held and appointments made on various posts of Managing Directors/directors in Power Corporation/generation and Distribution Companies, with a further mandamus ' to implement the provisions of the Reservation Act of 1994, as amended up to date, in the matter of appointments of Managing Directors/director in the Power Corporation/generating and Distribution Companies. Sri P. K. Srivastava, learned counsel for the petitioner, in support of the plea, submitted that the State Government is the authority to make appointments not only on the posts of Managing Director but also on the posts of Director, which posts are civil posts under the State Government, therefore, the policy of reservation would apply for appointment on the aforesaid posts. Relying upon the provisions of Section 3 sub-clause (1) of the Reservation Act, 1994, as amended upto date, learned counsel for the petitioner submits that the vacancies in public services and posts, since have to be filled in, in accordance with the provisions of Section 3 (1) of the Reservation Act, 1994, therefore, the appointments on the posts of Managing Directors and Directors in the aforesaid companies would necessarily have to be made in accordance with the reservation policy of the State Government, as enunciated in the Act aforesaid. Submission further is that the posts of Managing Director and Director in the Corporations as well as in the Generating and Distributing Companies are the posts in public service, therefore, there is no escape from the provisions of the aforesaid Act of 1994.
(3.) THE petitioners though have annexed the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Act, 2002 (U. P. Act No. 1 of 2002), but have not annexed the Principal Act nor the same was referred to, by the learned counsel for the petitioner, while arguing the matter. Sub-sections (1), (2) and (3) of Section 3 of the Principal Act have been substituted by the provisions of this Amending Act, wherein the quota of Scheduled Caste candidates has been prescribed as 21%, for Scheduled Tribe candidates as 2% and for Other Backward Classes, 27%, besides providing the manner in which vacancies have to be considered. Rest of the substituted provisions of subsections (2) and (3) are not relevant for the present controversy. On the strength of the aforesaid substituted Section 3, emphasis has been laid upon the fact that the members of the petitioner association or for that matter employees working in the Corporations and other Generating and Distributing Companies, belonging to Scheduled Castes and Scheduled Tribes, would be entitled to 21% reservation and 2% reservation respectively.;