G.P. Mathur, J. - (1.) The aforementioned special appeals have been preferred against the Judgment and order dated November 23, 1995 of a learned single Judge by which Writ Petition Nos. 14662 of 1995 and 16210 of 1995 were allowed. The writ petitioners had challenged the action of the U. P. Public Service Commission (hereinafter referred to as P.S.C.) in applying the provisions of U. P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (U. P. Act No. 4 of 1994) while making selection for recruitment to the post of Junior Engineer (Civil) in the Rural Engineering Service of the State. The learned single Judge allowed the writ petitions, quashed the result declared on May 12, 1995 and directed the P.S.C. to republish the result after applying the reservation policy as it stood prior to the enforcement of U. P. Act No. 4 of 1994.
(2.) In exercise of power conferred by Article 309 of the Constitution, the Governor of U. P. has made U. P. Gramin Abhiyantric Vibhag Adhinasth Abhiyantrlc Seva Niyamawali, 1984 (hereinafter referred to as the Seva Niyamawali. 1984) wherein the procedure for recruitment and condition of service of Junior Engineers in the Rural Engineering Service is provided. Rule 5 provides the recruitment to service will be made through direct recruitment. Rule 15 provides the P.S.C. will call the candidates for interview and shall prepare a list in the order of merit on the basis of the marks secured by the candidates in the interview. If two candidates secure equal marks, their inter se merit will be determined on the basis of their general suitability.
(3.) An advertisement was issued in December, 1992 inviting applications for making recruitment to about 500 posts of Junior Engineers (Civil) in the Rural Engineering Service of the State. A written test was held on May 30, 1993 and the result of the same was declared on April 26, 1994. Thereafter interviews of the candidates, who were declared successful in the written test, were held between May 30 to July 25, 1994. The result was published by the P.S.C. on May 12, 1995 and thereafter between June 9 to October 18. 1995 appointment letters were issued to 454 candidates. While declaring the result, the P.S.C. applied the provisions of U. P. Act No. 4 of 1994 by which reservation for certain categories of persons was enhanced. Sub-section (1) of Section 3 of the Act, which makes provisions for reservation, reads as follows : Section 3 (1).--"In public services and posts, there shall be reservation at the stage of direct recruitment, the following percentages of vacancies to which recruitments are to be made in accordance with the roster referred to in sub-section (5) in favour of the persons belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes of citizens : (a) in the case of Scheduled Castes--Twenty-one per cent ; (b) in the case of Scheduled Tribes--Two per cent : (c) in the case of other Backward Classes of citizens--Twenty-seven per cent Provided that the reservation under clause (c) shall not apply to the category of other Backward Classes of citizens specified in Schedule II.";