32346 before the Allahabad High Court, an interim order was passed in favour of the petitioner therein and the Division Bench directed that the appointment would be subject to the result of the writ petition and this order companytinued for some period and all the candidates were informed that their appointments would be subject to the result of the writ petition.
Collector and there were several other backward class candidates in the merit list, who secured higher marks in the selection.
2004 Supp 4 SCR 888 The following Order of the Court was delivered Leave granted in Special Leave Petition Nos.
This being that top most post companying under the selection, the authorities should have filled up the post according to the instruction issued by the government on 19th October, 1992.
The petitioners in these writ petitions companytended that the authorities, while making appointments, had number strictly followed the instructions issued by the government.
In the year 1990, the Uttar Pradesh Public Service Commission for short the U.P.P.S.C., companyducted a companybined State Services Upper Subordinate Services Preliminary Examination for selection to various posts such as Deputy Collectors in U.P. Civil Executive Services Dy.
This anomaly happened as the candidates above who secured higher marks than the 3rd respondent were adjusted against the vacancies that arose in the general category for various other posts such as Treasury Officers Account Officers in U.P. Finance and Accounts Services, Sales Tax Officers, Asstt.
38, namely, Shri Ashok Chandra who got appointment as Deputy Collector and as against candidate Shri Ramesh Chandra Yadav, who got appointment as Deputy Collector, secured only 62nd place in the select list and there were 15 candidates belonging to backward classes were above him in the rank list.
4794/95 i.e. Nanku Ram Anurag Patel who was also a Backward Class candidate, was appointed as a Deputy Collector, who according to the 3rd respondent, had secured 97th rank in the select list, a rank lower than him.
Learned senior companynsel for the Commissioner further pointed out that all these officers have been working against the posts since the last 11 years and that many of these affected parties were number made parties to the writ petition and if any real location of posts is made at this distance of time it will cause injustice to the affected parties.
4784/98, who secured 76th place in the select list, filed a Civil Miscellaneous Writ Petition No.
46029 of 1993 before the High Court of Allahabad companytending that he was appointed as a Sales Tax Officer, although the appellant in A. No.
24015 of 2003 and 2197 of 2004.
Transport Officers, District Supply Officers and various other posts.
Pursuant to the advertisement made by the U.P.S.C., a large number of candidates appeared for selection and the U.P.P.S.C. Published the list of selected candidates in August, 1992.
Superintendent of Police in U.P. Police Services, Treasury Officers Account Officers in U.P. Finance and Accounts Services, Sales Tax Offocers, Asstt.
The said anomaly is easily discernible from the following facts The 3rd respondent i.e. Rajesh Kumar Chaurasia in C.A. No.
As against the reserved quota, only those candidates who had obtained the reservation and got entry to the selection were appointed.
So also the 97th rank holder who was the petitioner in the writ petition before the High Court and the present appellant in A. No.
It is also pointed out by the respondents companynsel that in the writ petition filed by one Amrendra Pratap Singh i.e. writ petition No.
For example, in the case of U.P. Civil Executive Services there were altogether 20 posts, out of which 10 posts were to be filled up by the general category candidates, 4 posts by the Scheduled Caste candidates, 2 posts for Army displaced persons handicapped Emergency companymissioned short service companymissioned officers Ex Army men, one post of the dependents of freedom fighters of U.P. and 3 posts for the candidates belonging to backward classes.
4794 of 1998 also get appointment as Dy.
