Heard learned Counsel for the parties.
The case of the petitioner, in brief, is that in pursuance of an advertisement, the petitioner has applied for the post of Assistant Boring Technician in the Minor Irrigation Department. After scrutiny, the candidates were called for written examination in which the petitioner has also appeared. On the basis of the marks secured in the written examination, successful candidates, including the petitioner, were called for interview. Thereafter, the result was declared. As the name of the petitioner did not figure in the final select list, being aggrieved, the instant writ petition has been filed inter alia on the ground that no merit list has been prepared by the department. In the interview, the vacancy of the General Category candidates has been filled from the Scheduled Caste Category and Other Backward Class Category candidates.
Notices were issued and a counter-affidavit has been filed by the State Government. In para 15, it has been stated that the candidates of reserved category selected on merit are to be adjusted with the general category candidates, therefore, there is no infirmity in selecting the candidates belonging to reserved category selected on merits with general category candidates.
Considered the submissions made by the learned Counsel for the parties and perused the entire record. In view of the provisions of Section 3 (6) of The Uttar Pradesh Public Services (Reservation for Scheduled Caste, Scheduled Tribe and Other Backward Classes) Act, 1994, if a person belonging to any of the 2 categories mentioned in sub-section 1, i.e. Scheduled Caste, Scheduled Tribes and Other Backward Classes gets selected on the basis of Merit in an open competition with General Candidates, they shall not be adjusted against the vacancies reserved for such amongst the general candidates. Accordingly, I do not find any illegality or infirmity in the result declared by the opposite parties, as the same is in consonance with the provisions of The Uttar Pradesh Public Services (Reservation for Scheduled Caste, Scheduled Tribe and Other Backward Classes) Act, 1994. The writ petition lacks merit and is liable to be dismissed.
Accordingly, the writ petition is dismissed.
Dt. 13.1.2010 Lakshman/