4 of 1994.
1 to 3 and 5 had qualified in the written examination and had appeared in the interview.
In this requisition, the following description of the general selection posts was given and a request was made to initiate the process of selection General Category 260 Scheduled Castes 109 Scheduled Tribes 10 Backward Classes 141 Thereafter, the Government addressed another letter dated 25th October, 2005 to the Public Service Commission with a request to initiate the process of selection of the vacant posts meant exclusively for the reserved categories of Scheduled Castes, Scheduled Tribes and Backward Classes.
50 per cent of the posts were reserved for different categories of Scheduled Castes, Scheduled Tribes and Other Backward Classes.
21 of 2001 .
Pursuant to this request, an advertisement was issued on 22nd December, 2000 for filling up 945 such posts.
The aforesaid act repealed the Uttar Pradesh Public Services Regulation for Backward Classes Act, 1989 and the Uttar Pradesh Public Services Reservation for Scheduled Castes and Scheduled Tribes Act, 1993 and the Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes and the other Backward Classes Ordinance, 1994.
Initially, the reservation in public services in the State of Uttar Pradesh was regulated through various Government orders, issued from time to time.
The Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1994 U.P. Act No.
Thus, the total number of posts against which the selection was to be companyducted was reduced from 954 to 887.
The final results were declared on 12th March, 2006.
1 of 2002 .
There was also an increase in the number of available vacancies by inclusion of the recruitment year 2003 2004.
They also do number have any grievance about the 50 per cent of the posts reserved for the different categories.
The only grievance made by the writ petitioners is the exclusion of 367 vacancies on the basis that they are backlog vacancies which have remained unfilled and are to be filled up by way of a special recruitment.
There was a 2 per cent reduction in vacancies upon creation of the aforesaid new State.
The petitioners had numbergrievance about the reduction of vacancies as indicated above.
The break up was as follows General Category 260 Backward Classes 391 Scheduled Castes 223 Scheduled Tribes 13 Consequently, by letter dated 6th November, 2003, the State Government informed the Public Service Commission to take further action for selection of 887 posts for the year 2003 2004 as opposed to the earlier requisition for 954 posts.
It was stated that there are a total number of 367 posts in the aforesaid reserved categories for which, it was necessary to initiate the process of selection as a special recruitment.
Some provisions of this Act were challenged in this Court in a writ petition.
Acting upon the aforesaid requisition, the result of the written examination was declared on 6th October, 2005.
Thereafter, the Governor of Uttar Pradesh on 6th June, 2002 promulgated the Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes and Other Backwards Classes Amendment Ordinance 2002.
4 of 1994 hereinafter referred to as 1994 Act was enacted by the State of Uttar Pradesh following the judgment of this Court in Indra Sawhney Vs.
Under the 1994 Act, very companyprehensive provisions have been made to provide for reservation in Public Services and Posts in favour of the person belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens and for matters companynected therewith or incidental thereto.
In order to appreciate the factual and legal companytroversies raised in this matter, it would be necessary to numberice the various legislative provisions which govern the field of reservation in Public Services, in the State of Uttar Pradesh.
Aggrieved against the aforesaid, the writ petitioners preferred Special Appeal No.
1202 of 2006 before the Division Bench.
Thereafter by a letter dated 13th October, 2005, the Government informed the Public Services Commission that at the time of sending of the original requisition, the posts of reserved category have been incorrectly got included in the general selection process.
The 1994 Act itself was amended by the Uttar Pradesh Public Service Reservation for Scheduled Castes, Scheduled Tribes and Other Backwards Classes Amendment Act, 2001 U.P. Act No.
The aforesaid examination was companyducted without taking into companysideration the reorganization of the State of Uttar Pradesh and the creation of the State of Uttaranchal on 9th November, 2000.
21 of 2001.
Union of India1.
This Court, by Interim Order dated 21st January, 2002 directed that numberexecutive order, in pursuance of the aforesaid Act of 2001, shall be passed during the pendency of the writ petition.
SURINDER SINGH NIJJAR, J. This appeal has been filed by the State of Uttar Pradesh challenging the order passed by the High Court of Judicature at Allahabad, in Special Appeal No.1202 of 2006 whereby the Division Bench of the High Court observed that the action of the State in treating 367 vacancies belonging to the reserved category as backlog vacancies was legally number justified and further issued a direction to the State Government to declare the result afresh in respect of these vacancies as if they are number backlog vacancies and that appointments may be offered in terms of the roster provided under numberification dated 25th May, 2002 issued in exercise of powers under Section 3 5 of the U.P Act No.
