One Avinash Narain Pandey, a candidate belonging to the general category filed a writ petition challenging the validity of the procedure so adopted for determining the order of merit in the select list.
Second plea raised on behalf of the appellant is that the respondent had filed the writ petition by impleading only the State of Uttar Pradesh and U.P. Public Service Commission as respondents before the High Court but had omitted to implead the High Court of Uttar Pradesh as a party in the writ petition as such numberbinding direction companyld be issued as in the matter of judicial appointments the State Government is number free to act of its own unless and until the High Court recommends an appointment or companycurs in any proposal made by the State Government.
From out of the list of successful candidates belonging to the scheduled caste category all excepting one Narendra Pratap Singh joined the service.
The practice then followed by the Public Service Commission was that if two or more than two candidates had obtained the same marks then while determining their position inter se in the list of selected candidates they will be so arranged as to place the candidate who had obtained higher marks in the written examination above the candidate obtaining lesser marks in the written examination and if the number of marks obtained in the written examination and interview were equal then the older in age will be kept above the person younger in age.
The petition was registered as W.P. No.
1 in the waiting list and above the respondent, Ram Swarup Saroj.
He was also called for an oral interview on 17.10.1994.
scheduled caste candidates.
It appears that in the list of candidates belonging to the general category there were several candidates who had secured an aggregate of 522 marks each.
The directions issued by the High Court were applied by the authorities for finalising after revising the list of successful candidates of scheduled caste category as also for determining their order of merit inter se.
Result of the selection was declared on 25.11.1994.
The respondent, who belongs to a scheduled caste, also appeared in the written examination and was declared having passed the same.
It was ordered accordingly and a period of four weeks from the date of the order, i.e., 10.5.1999 was allowed of companypliance.
Next it was submitted that the companycurrence of thee High Court was sought for by the U.P. Government vide its letter dated 13th May, 1997 for filling the vacancy caused by number joining of Narendra Pratap Singh but the High Court did number agree with the proposal made by the State Government and therefore the vacancy companyld number be filled.
The Division Bench of the High Court having heard the learned Counsel for the parties and keeping in view the facts placed before it formed an opinion that it was number necessary to enter in the companytroversy whether Chandan Lai or the respondent, Ram Swarup Saroj would be entitled to be appointed in one vacancy available in the scheduled caste category it would serve the interest of justice if the respondents were directed to fill in the vacancy available in the category of scheduled caste candidates in the order of merit from out of the waiting list by appointing one who was willing to join the post.
Aggrieved by the abovesaid order the State of Uttar Pradesh has filed the present appeal.
It was submitted, firstly, that if one vacancy was to be filled then one Chandan Lal whose name figured above the respondent should have to be offered the post and number the respondent as Chandan Lal was placed at serial No.
5127 of 1995.
The name of the respondent did number figure in the list of successful candidates.
Such revised list of successful candidates was finalised by U.P.P.S.C. in the month of November, 1996.
The last two candidates appearing in the list of successful candidates belonging to the scheduled caste category were Sharnbhu Nath and Rahul Kumar Katyal who had secured 433/950 marks each.
22 seats were reserved for.
Leave granted.
In the month of October, 1997 the respondent filed a writ petition before the High Court seeking a direction to the State of Uttar Pradesh to offer the vacancy created by number joining of Narendra Pratap Singh to the respondent.
This resulted in altering the order of merit and to some extent the list of successful candidates belonging to the general categoiy.
The respondent had secured 432 out of 950 marks.
Before the High Court the claim of the respondent was companytested by the State of Uttar Pradesh on two grounds only.
The High Court allowed the writ petition and directed that the order of merit shall be arranged by giving weightage to the marks secured by the candidates at the interview.
U.P. Public Service Commission, on a requisition made by High Court of Allahabad, held an examination in the year 1990 for selecting suitable candidates for appointment of Munsifs.
