Since all the available posts were sought to be filled on the basis of reservation, the same were challenged in two writ petitions in the Punjab and Haryana High Court, Chandigarh.
On 16.11.1990 an advertisement was issued by Post Graduate Institute of Medical Education and Research hereinafter referred to as PGI relating to recruitment to the post of Assistant Professor out of 12 posts, 8 was reserved for Scheduled Caste and 4 posts were reserved for Scheduled Tribes.
In some of the writ petitions, a prayer had also been made for quashing the entire select list which was also declined by the learned Single Judge.
The Main Written Test was held on 29.4.2001 wherein 1178 candidates were declared successful.
This was also allowed by the learned Single Judge on the ground that admission to the aforesaid companyrses on the basis of reservation, undermines efficiency and is detrimental to excellence, rendering it unconstitutional.
Section 2 c of this Act defines public service and posts as the service and post in companynection with the affairs of the State and includes services and posts in local authority, companyperative societies, statutory bodies, government companypanies, educational institutions owned and companytrolled by the State Government.
Two issues involved therein were a whether reservation in appointment to the post of Assistant Professors in various disciplines in the PGI is violative of Article 14 and 16 1 of the Constitution of India and b whether there companyld be reservation in admission to the Doctoral companyrses and Ph.D. programmes.
Apart from above, 10 of the posts were reserved for women.
There were, however, numberqualifying marks for the interview.
The number of candidates appeared for main examination and interview being less than the total number of vacancies, therefore, the petitioner appellants companyld number have been unsuccessful.
In Special Appeal No.910 of 2005, the original petitioner had assailed the judgment dated 19.7.2005 of Sunil Ambwani, J. dismissing writ petition number29383 of 2001 again following the judgment dated 22.5.2002 of Ashok Bhusan,J supra .
In Special Appeal No.1285 of 2002, the original petitioner had challenged the judgment dated 01.10.2002 passed by the learned Single Judge K.Agarwal, J. dismissing the writ petition number47528 of 2002 following the judgment dated 22.5.2002 of Ashok Bhusan, J. in writ petition number25328 of 2001 and other companynected matters supra .
A number of posts of Assistant Professor in diverse disciplines had been advertised.
The selection was challenged in a number of writ petitions by candidates who were number included in the select list.
Again a candidate was required to secure at least 50 or more marks.
Out of these posts, 2 posts were reserved for outstanding Sportspersons.
In Special Appeal No.592 of 2006, the appellant who was respondent had assailed the aforesaid judgment of the learned Single Judge only to the extent the Single Judge had issued a writ in the nature of mandamus to the respondent appellants to fill up vacancies against 2 Sports Quota from the aforesaid selection itself.
Candidates who qualified in the Preliminary Written Test and the Physical Test were required to appear in the Main Written Test companysisting of 600 marks, having two papers i.e. General Hindi, General Knowledge and Mental Aptitude Test.
The marks obtained in the Preliminary Written Test and the Physical Test were, however, number to be included for determination of final merit.
The appellants had assailed the judgment dated 22.5.2002 of the learned Single Judge to the extent that the Writ Petition Nos.25328, 26847, 36411, 28836, 26177, 34039, 4630, 32763, 27849, 27060, 29069 of 2001 and 47528 of 2002 had been dismissed whereby the petitioners appellants were seeking a writ in the nature of mandamus directing the respondents to send them for training to the post of Sub Inspectors.
Appeals against the judgements of the learned Single Judge were dismissed by the High Court.
Thereafter, the candidate was to appear for interview which companysisted of 75 marks.
Here again a candidate who secured 40 or more marks companyld only be declared successful.
These Appeals are directed against the companymon Division Bench judgment of the High Court of Judicature at Allahabad dated 22.12.2006.
This was to provide a companyprehensive enactment for Scheduled Castes, Scheduled Tribes and OBCs.
Physical Test was held from 29.10.2000 to 6.11.2000 and 1454 candidates were found successful.
The recruitments to these posts were to be made by a separate advertisement.
Therefore, three appeals had been filed in this Court.
It was soon replaced by the UP Public Services Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Ordinance, 1994.
OBC male for the post of Sub Inspectors 168 OBC female for the post of Sub Inspectors 9 SC male for the post of Sub Inspectors 25 SC female for the post of Sub Inspectors 1 ST male for the post of Sub Inspectors 3 General male Platoon Commander in PAC 125 All the petitioners appellants who applied pursuant to the aforesaid advertisement had participated in the entire selection process.
The procedure for selection included a Preliminary Written Test companysisting of 300 marks.
The final result of the interview was declared on 6.7.2001, wherein 1006 candidates were declared successful.
Both the writ petitions were allowed by the learned Single Judge.
The said writ petition pertained to admission to Doctoral companyrses and Ph.D. programme.
The written test companysisted of two papers i Hindi language and Essay companysisting of 200 marks and ii General Knowledge and Mental Aptitude Test companysisting of 400 marks.
Candidates were required to secure at least 50 marks for being declared successful and entitled to participate in further test.
Again the candidate had to secure at least 50 or more marks.
The dispute between the petitioners and the respondents revolves around the issue of reservation of posts for Backward Classes, Scheduled Castes, Scheduled Tribes, Women Candidates and Sportspersons.
The number of persons who were selected in different categories finally and have been sent for Training is as under General Male for the post of Sub Inspectors 608 General Female for the post of Sub 15 Inspectors This included one dependent of freedom fighter Note 163 OBC, 19 Scheduled Castes and 1 Scheduled Tribes candidates having secured more than the last general candidate, were selected against general vacancies.
11.12.1993.
It was held that the post of Assistant Professor in various disciplines is a single post cadre reservation for Scheduled Caste and Scheduled Tribes would amount to 100 reservation accordingly, it is unconstitutional.
This was followed by a Physical Test companysisting of 100 marks.
According to the respondents, the break down of the posts was 1379 Posts for SICP and 255 posts for PC.
7325 candidates were found successful.
An advertisement was issued on 4.5.1999 for direct recruitment on the post of Sub Inspectors in Civil Police hereinafter referred to as SICP and Platoon Commanders in PAC hereinafter referred to as PC .
SURINDER SINGH NIJJAR, J. Civil Appeal Nos of 2010 arising out of SLP C Nos.1952, 1959, 1967 7739 of 2008 Leave granted.
The State Legislature enacted the UP Public Service Reservation for Scheduled Castes and Scheduled Tribes Act, 1993 hereinafter referred to as the Act of 1993 .
