- (1.) RAJ Mani Chauhan, J. Heard Shri Ashok Khare, Senior Advocate for the petitioner. Shri M. A. Qadeer appears for U. P. Public Service Commission. Learned Standing Counsel appears for State.
(2.) THE petitioner is aggrieved by the refusal of respondents to recommend/reshuffle his candidature against the vacant post of Sub Divisional Magistrate on the basis of his performance and position in the merit list of the U. P. Combined State Upper Subordinate Services Examination 1997. The petitioner applied for selections in pursuance to the advertisement of the U. P. Combined State/upper Subordinate Services Examination 1997. There were altogether 30 vacancies notified for the post of Sub Divisional Magistrate. Out of these 15 vacancies were to be filled up by the general category candidates and remaining from the reserved category candidates. The petitioner was declared successful both in the preliminary and thereafter in the written examination and was called for the interview on 6. 2. 1998 with roll No. 083114. At the time of interview he was asked to indicate his preference. It is alleged in paragraph-5 of the writ petition that he opted for the post of Sub Divisional Magistrate as his first preference followed by that of Deputy Superintendent of Police. He was declared successful and his name was placed at serial No. 18 in the general merit list, in the result published in Hindi daily newspaper'rashtriya Sahara' dated 14. 2. 1998. It is contended that Shri Anand Kumar-a backward class candidate was placed at 16th position; Shri Surendra Narain Pandey was placed at 17th position and the petitioner was placed at 18th position. In para-8, it is stated, that the petitioner, upon inquiry, came to know that the aggregate marks secured by him and Shri Surendra Narain Pandey were the same namely 1099, whereas Shri Anand Kumar, the backward class candidate secured 1102 marks. Both the petitioner and Shri Surendra Narain Pandey could not get the post of Sub Divisional Magistrate. Shri Anand Kumar, a backward class candidate got the benefit of reservation and was allotted the post of Sub Divisional Magistrate. Both the petitioner and Shri Surendra Nath Pandey were allocated the post of Deputy Superintendent of Police and were placed at first and second position respectively in Provincial Police Service.
(3.) IT is further stated that one Shri Suresh Kumar Vashishtha at serial No. 1 in the merit list got selected in the Indian Administrative Service and Shri Anurag Agrawal at serial No. 10 was selected in Indian Police Service in the Civil Service Examination of 1997. They did not join the post of Sub Divisional Magistrate. The petitioner as such moved a representation on 19. 9. 1998 before the-Secretary, Appointments, Lucknow for reshuffling the vacancies and to fill up the two vacant posts of Sub Divisional Magistrate. The petitioner again made a representation on 1. 2. 1999 after he came to know that Shri Anurag Agrawal had moved an application giving his unwillingness to join the post of Sub Divisional Magistrate. The petitioner later came to know that reshuffling was abandoned by the U. P. Public Service Commission with effect from the examination year 2000. It is submitted that it had no bearing as the selection in the case of petitioner related to the year 1997. A notification was issued on 8. 3. 1999 approving the name of the petitioner amongst others for the post of Deputy Superintendent of Police. The petitioner joined and was taking training when he filed this writ petition. He also came to know that Shri Surendra Nath Pandey was allotted a post of Sub Divisional Magistrate and that thereafter the reshuffling was stopped. The petitioner has prayed for reshuffling and recommendation of his name for the post of Sub Divisional Magistrate for the selection year 1997 on the grounds that his valuable rights for reshuffling permissible for the selections of 1997 as well as his rights for equal protection of law under Article 14 were violated.;