Hon'ble Anil Kumar,J.
Issue notices to respondent nos. 3 and 4 steps within a week. Learned Standing Counsel and the newly implead respondent will file their counter affidavit within three weeks. Rejoinder affidavit may be filed within one week, thereafter.
List on 23.2.2010 for hearing.
It is stated by Sri S. K. Kalia, Senior Advocate that three posts of Principals of State Ayurvedic College of general category, two posts of other backward category and one post for scheduled castes were advertised by U.P. Public Service Commission for selection. Dr. Maksoodan Singh respondent no.3 belonging to OBC category is stated to have scored more marks in interview than the general category candidates and was adjusted under Section 3 (6) of the U.P. Public Services (Reservation for Scheduled Casts/Scheduled Tribes and Other Backward Classes) Act, 1994 in general category. One of the post reserved for other backward class candidate could not be filled up and has been carried forward for the next selection. It is submitted that once a candidate has received benefit of age relaxation as OBC candidate for eligibility to appear in the selections, he could not be adjusted in the general category even if he has scored more marks in interview. Shri Kalia further submits that in the interview the marks are not awarded on the performance of the candidate, but on the assessment of his qualification suitability and personality in interview. The selections by adopting the method of interview cannot be said to be by open competition.
Both the questions required examination by the Court. The State will file reply and will also inform the Court the standing of the petitioner in the selections viz-a-viz a general candidate.
As in interim measure we provide the appointment of the respondent nos.3 and 4 will be subject to the result of the writ petition.
Order Date :- 21.1.2010 Pramod