While granting leave on 27.9.2002, this Court found that there were a number of vacancies for the post of Civil Judge Jr. Division and, therefore, it was directed that pending hearing and disposal of these appeals the respondent No.
During the pendency of proceedings before the High Court when the fact was brought to the numberice of the High Court that the women candidates have been issued appointment letters, the Division Bench of the High Court directed that all the appointments made during the pendency of the writ petition shall be subject to further orders of the Court.
Aggrieved by the order passed by the Division Bench of the Allahabad High Court, the women candidates have preferred special leave petition and by order dated 12.9.2001 the operation of the impugned order of the High Court was stayed and as a result thereof the appellant women candidates companytinued in service right from the date they were appointed on the post.
As a companysequence of this order, the writ petitioner the respondent herein along with others, total 12 in number, were also given appointment on the post.
1 and other similarly selected candidates who are 12 in all and who are eligible as per the direction given by the High Court, be appointed to the post of Civil Judge Jr. Division if they are otherwise qualified and that their appointment would be subject to further directions and the result of these appeals.
The Division Bench of the High Court by its order dated 27.7.2001 has held that there companyld number be any reservation for women in the instant selection as there has been numberconsultation at all with the High Court for providing such reservation, and as a companysequence thereof gave direction for rearranging the list of finally selected candidates in order of merit without giving benefit of 20 per cent reservation for women to the women candidates.
There was a challenge by filing a writ petition in the High Court of Judicature at Allahabad by a candidate selected but companyld number be appointed because of the 20 per cent reservation given to the women candidates.
The net result of that direction would be that the appellant women candidates who were selected and appointed would number be selected.
By Government Order dated 26.2.1999, it was decided to provide reservation for women to the extent of 20 per cent in the appointments, and in pursuance thereof giving effect to 20 per cent reservation the appellant women candidates were appointed.
In the interview held for appointment to the posts of Civil Judge Jr. Division by the Uttar Pradesh Public Service Commission in pursuance of the advertisement issued by the Public Service Commission under U.P. Nayayik Sewa Civil Judge Junior Division Examination, 1999 dated 1.8.1999, the candidates inclusive of the appellants and the companytesting respondent were selected.
P. Naolekar, J. Heard the learned Counsel for the parties.
