The successful candidates who cleared the written examination appeared for interview held from 27.10.2014 onwards.
a in the case of Scheduled Castes 21 b in the case of Scheduled Tribes 2 and c in the case of OBC27.
After declaration of the result of written examination, the UP Public Service Commission issued an Office Memorandum dated 12.10.2014 numberifying 2515 posts for Unreserved General category 1882 posts for SC category 201 posts for ST category and 2030 posts for OBC category in companysonance with the government order dated 20.08.2014.
It was thereafter, the Agriculture Department undertook an exercise and found that on account of wrongful calculation of the category wise vacancy, the earlier requisition was required to be rectified.
Hence, revised requisition was sent on 20.08.2014 from the Administrative Department to the Director, Agriculture who in turn was directed to companymunicate the same to the UP Public Service Commission.
Finally, when the result of select list candidates was declared on 21.05.2015, the private respondents did number qualify.
The UP Public Service Commission acted on the revised requisition of the Government dated 20.08.2014.
Unfilled vacancies of Horizontal Reservation filled by candidates of vertical reservation Contention of the private respondents is that as per the statutory requirement, the horizontal reserved vacancies were unfilled and those unfilled vacancies of horizontal category were filled by vertical reservation candidates other category candidates, which is in violation of the statutory provisions vitiating the selection process.
Thus, after sending the second requisition, total number of vacancies against the OBC quota were shown as 554 12 566.
The Department of Agriculture to fill up the existing vacancies of the year 2013 determined the vacancies and sent it to the State Government.
However, after enforcement of the Agriculture Service Rules, 1993 since the diploma holder of 1981 to 1987 companyld number be appointed, the Directorate has sought guidelines from the State Government vide its letter dated 22.01.1998.
The petitioners also appeared at the oral interview companyducted by the Members companycerned of the Commission who interviewed the petitioners as well as the companytesting respondents companycerned.
AC/101 dated 20.08.2014 sent the revised requisition for 6628 posts to the UP Public Service Commission as under Advertisement Number Vacancies in Subordinate Agriculture Services, Cadre III Technical Assistant Group C Government Order No.941/12 Unreserved SC ST OBC 4 14 1992/2014 dt.
Thus, by changing the number of vacancies for different categories amounts to violation of Rule 15 3 of Rules, 1993 during the pendency of the advertisement and thus, depriving of 3303 general category candidates, even to appear in the interview and allowing 4392 more candidates of OBC in the zone of companysideration for the selection, amounts to changing the rule of the game during the process of selection.
WP C No.38399/2015, WP C No.45822/2015, WP C No.47894/2015, WP C No.50878/2015 and SPLAD No.283/2016 has been challenged other matters have number been challenged either by the State or by the appellants.
Having regard to the companysistent view taken by the Supreme Court, the High Court should number have granted any relief to the private respondents intervenors.
The earlier requisition sent showing only 566 vacancies against the OBC quota while in fact it should have been 2030, as all the diploma holders were appointed against the General quota and they have number been appointed against the OBC quota.
However, by illegally increasing the number of vacancies to 2030, 6090 candidates had been invited for the interview.
It is number known that what were the marks secured by the writ petitioners candidates in the written examination and what were their position in the merit list.
Having participated in the interview, the private respondents cannot challenge the Office Memorandum dated 12.10.2014 and the selection.
20.08.2014 2515 1882 201 Total vacancies 6628 2030 On the basis of the above government order dated 20.08.2014, the Department of Agriculture vide its letter No.
The relevant findings of the High Court is as under Thus, on the total advertised number of seats for open category i.e. 3616 x 3 10848 candidates were eligible under Rule 15 3 for interview test.
Subsequently, the number of posts were increased by 2,092 out of which, as per Government Order dated 05.03.2002, 2 had been deducted and vide requisition dated 30.04.2013, a requisition was sent showing the increased vacant posts as 2,050 out of which total number of vacancies against the OBC quota was shown as 554.
The schools were providing certificate of two years in Krishi Prasar Diploma and the persons undertaking aforesaid diploma during 1981 to 1987 were required to be appointed directly without any selection.
According to the State, after adjustment of diploma holders against General Category and in order to fulfill the requirements of companystitutional and statutory mandate of reservation, the State Government has reworked the vacancies for different categories of persons and sent the revised requisition for the vacancies for different categories.
The pay scale of the aforesaid posts was fixed as Rs.3200 4900 and the total number of sanctioned posts of Technical Assistant Grade III was 10,531.
Thus, total of 5669 candidates were issued appointment orders the appointment orders were withheld for 24 candidates as the documents were withheld by UP Public Service Commission.
The said Office Memorandum dated 12.10.2014 published by UP Public Service Commission reads as under UPPSC INTERVIEW PROGRAMME Month October November December, 2014 24 OFFICE MEMORANDUM 98 Post Subordinate Agricultural Service Class III Provisional Asstt.
It was brought to the numberice of the State Government that there was wrongful calculation of category wise vacancies in the earlier requisition and therefore, the earlier requisition was required to be revised.
The private respondents knew that by the revised numberification dated 12.10.2014, the number of vacancies of different categories have been changed and knowing the same, they participated in the interview and have taken a chance and opportunity thereon without any protest.
Brief facts which led to filing of these appeals are as under The Uttar Pradesh Public Service Commission issued an advertisement No.
By the revised requisition, the State endeavoured to achieve the object of reservation as per Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1994.
The State Government after taking opinion of the Department of Personnel vide its order dated 20.08.2014 approved the revised vacancies for different categories of persons in accordance with the applicable reservation rules and accordingly, revised the requisition.
According to the State, the category wise vacancy position was changed only after a meeting was held of all companycerned i.e. representatives of the Karmik Department as well as the representatives of the Administrative Department and it was found that a wrongful calculation of category wise vacancy had been sent earlier which was likely to result in anomalies in the total representation of each category in total cadre strength of Technical Assistant Grade III in the Agriculture Department.
A 5, E 1/2013 Unreserved SC ST OBC dt.
22.10.2013 3616 2211 235 566 Total vacancies 6628 Horizontal reservation in original advertisement is as under Women Handicapped Dependents of Freedom Fighter Ex servicemen 1325 253 132 331 The appellants as well as the private respondents applied for and appeared in the written examination held on 30.03.2014.
A 5, E 1/2013 dated 22.10.2013 inviting applications for 6628 vacancies of Subordinate Agriculture Services, Cadre lll Technical Assistant Group C .
Number of writ petitions came to be filed before the High Court by the unsuccessful candidates against respondents No.1 to 4 and by impleading some of the successful candidates assailing the validity of the Office Memorandum dated 12.10.2014 and the result declared on 21.05.2015 praying that they be quashed.
Since at the time of determination of the vacancy, the OBC category persons appointed on the basis of the Agriculture Diploma Holders Certificate were also companynted against the vacancy in OBC category while they were number required to be companynted against the OBC category, the wrongful calculation had been arrived at.
The High Court has also observed that by increasing the number of seats of OBC category, more candidates have been called for interview, even though they were number eligible as per advertisement dated 22.10.2013 and thus, changing the number of vacancies for each category, has prejudiced the number of candidates who are to be called for interview.
After the publication of the vacancies, a companyplaint was filed before the Backward Classes Commission, UP companyplaining that instead of showing actual vacancies of the reserved category of Other Backward Classes, 566 posts have been shown in the advertisement.
After undertaking the exercise as directed by the Authority, it was found that the total number of General category candidates was wrongly figured out and shown as 2,622 while in fact 1,749 employees 979 OBC and 770 Others who were absorbed on account of having a diploma from the Government Agriculture School during the years 1981 to 1987, were also required to be companynted against the General category.
The result of the written examination published on 15.09.2014 was only based on the above revised requisition.
AC/101 dated 20.08.2014 sent the above revised requisition to the UP Public Service Commission.
Before the candidates were called for interview, Office Memorandum dated 12.10.2014 was issued by the UP Public Service Commission revising the number of vacancies for different categories.
Be it numbered that the writ petitions were filed by the candidates who appeared for interview and were unsuccessful.
It was companytended that change in the number of vacancies in different categories is illegal and the same amounts to changing the rules of the game in the middle of the selection process.
Notification by the UP Public Service Commission dated 12.10.2014 is based upon the revised requisition of the vacancies by the order of the Administrative Department dated 20.08.2014.
Based on the said order dated 20.08.2014, Department of Agriculture vide its letter No.
In the earlier requisition dated 03.10.2012, the total number of vacancies against the OBC quota were shown as 12.
After a detailed inquiry as to the cadre strength of Technical Assistant Group C and the actual working strength of persons in different categories, it was found that initially the number of requisitioned candidates in the category of General Unreserved and OBC were wrongly calculated.
In the said advertisement for the total requisitioned 6628 vacancies, category wise vacancies are as under Advertisement Number Vacancies in Subordinate Agriculture Services, Cadre III Technical Assistant Group C Advt.
Being aggrieved by the impugned judgment, the appellants who are the selected candidates and have already joined their respective posts have filed these appeals before this Court.
20.08.2014 2030 2515 1882 201 Total vacancies 6628 Horizontal reservation in amended requisition is as under Women Handicapped Dependents of Freedom Fighter Ex servicemen 1325 252 132 330 Based upon the above revised requisition, on 15.09.2014, UP Public Service Commission declared the result of the written examination wherein, both the appellants as well as the private respondents were declared successful.
The UP Public Service Commission has thus number travelled beyond the requisition sent by the Government.
However, in the Other Backward Class category, only 566 vacancies were advertised against which only 1698 candidates would be eligible to appear in the interview.
A 5/E 1/2013 Last Date 21.11.2013 Dt.
of Vacancies No.
of Selected Candidates Women 1325 156 Dependents of Freedom Fighters 132 45 Ex Servicemen 330 NIL Partially Blind 84 84 Partially Deaf 84 57 One Arm 42 42 One Leg 42 42 On behalf of UP Public Service Commission, it was submitted that one of the policies of the State Government regarding horizontal reservation is that, if the suitable candidates for filling the vacancies reserved for such posts of horizontal reservation are number available and the same are number carried forward they are filled up by other suitable candidates from amongst the candidates belonging to vertically reserved categories according to their merit.
Thus the petitioners took a chance to get themselves selected at the said oral interview.
After restructure of the posts, the details of the vacancies were worked out in which it was found that 10,531 posts were sanctioned out of which 5,860 persons were working.
Out of twenty one appeals filed before this Court, the judgment of the High Court passed in six writ petitions only viz.
The High Court issued a direction to the Principal Secretary, Government of P. to send a fresh requisition to the UP Public Service Commission on the basis of quantifiable data, existing strength of cadre as well as the actual persons working in different categories forthwith so that interview be companyducted at the earliest and that the entire exercise be companypleted within four months.
It was numbericed that the diploma holders who were required to be appointed against Unreserved quota but were wrongly appointed against the OBC quota and the same was to be rectified.
However, by decreasing the number of seats vide letter dated 20.08.2014 i.e. 2515 x 3 7545 candidates were invited, thus, 10848 7545 3303 candidates were illegally deprived to appear in the interview test.
As per the Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1994 for short UP Reservation Act, 1994 , specific percentages of vacancies have been reserved for different categories viz.,
The Government Agriculture School, Bulandshahar, Government Agriculture School, Chargawan Garakhpur and Government Agriculture School, Jhansi were run by the Agriculture Department.
Accordingly, the State Government sent the requisition to the UP Public Service Commission showing total number of posts as 6,628 out of which 3,616 posts were shown against the General quota, 2,211 posts shown against the Scheduled Castes, 235 posts reserved for the Scheduled Tribes and 566 posts were figured out against Other Backward Classes and accordingly, UP Public Service Commission published the advertisement dated 22.10.2013.
UP Public Service Commission issued Office Memorandum dated 12.10.2014 specifically mentioning the number of vacancies to be filled up in various categories in accordance with the requisition sent by the State Government.
Having participated in the interview and having failed in the final selection, it is number open to the private respondents to turn around and challenge the revised numberification dated 12.10.2014 and the revised requisition of the number of vacancies in different categories.
The said details are as under Category No.
They further prayed for direction to respondents No.1 to 4 to prepare the result afresh without giving effect to Office Memorandum dated 12.10.2014.
On such companyplaint, the Department of Agriculture as well as UP Public Service Commission were called upon to reply to the aforesaid companyplaint.
In our view, this would number amount to changing the rules of the game after the selection process had companymenced number it had affected the selection process by changing the eligibility criteria.
On behalf of the UP Public Service Commission, Mr. Shrish Kumar Misra, learned companynsel has furnished the details as to the number of vacancies reserved for horizontal category and the number of candidates found suitable and placed in the respective categories.
Thus, in the Other Backward Class category, 6090 1698 4392 more candidates were called for the interview, even though they were number eligible as per advertisement dated 22.10.2013.
On that ground, the total vacancies were determined as 4,671 after making deduction of 2 as per Government Order dated 05.03.2002, the total vacant posts were shown as 4,578 and the requisition was sent to the UP Public Service Commission on 03.10.2012.
Group C Agricultural Deptt.
The declaration of result of the written examination was issued based on the revised requisition of the posts.
The posts were restructured with effect from 25.10.2007.
As pointed out earlier, the revised requisition dated 20.08.2014 and the revised numberification of the UP Public Service Commission itself were in excess of the permissible limits of reservation as per UP Reservation Act, 1994.
Accordingly, the appointment orders were issued to the selected candidates on 30.01.2016 as under Position Unreserved Scheduled Scheduled OBC Total Castes Tribes Appointment order issued by Agriculture 2478 1385 22 1784 5669 Department Documents withheld by 10 06 03 05 24 UPPSC Total 2488 1391 25 1789 5693 Number of candidates whose appointment 490 176 240 906 letter were number issued The appointments were made subject to the outcome of the writ petition.
BANUMATHI, J. These appeals arise out of the judgment dated 10.02.2017 in Writ C No.34196 of 2015 and batch matters passed by the High Court of Judicature at Allahabad in and by which the High Court while upholding the result of written examination for the post of Technical Assistant Group C Agriculture Department, quashed selection process subsequent to the written examination and directed the Principal Secretary, State of U.P. to send requisition to Signature Not Verified the Uttar Pradesh Public Service Commission on the basis of Digitally signed by quantifiable data and cadre strength as well as actual persons MAHABIR SINGH Date 2019.09.30 172130 IST Reason working in different categories so that the interview may be companyducted afresh and companyplete the selection.
