Petitioner applied for appointment to the post of Drug Inspector pursuant to advertisement issued by the U.P. Public Service Commission dated 10.8.2016. Ultimately 27 persons have been selected but the petitioner has not been able to secure his selection on the strength of his merit. Thus aggrieved, he is before this Court.
The select list published on 23.3.2021 is assailed on the ground that no reservation for dependents of freedom fighters is provided although 2% reservation was admissible under the 'Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-servicmen) Act, 1993 ( hereinafter referred to as the Act of 1993), Sri F.A. Ansari, learned counsel appearing for the respondent-Public Service Commission points out that there are only 27 vacancies and as such no post would fall for reservation to dependents of freedom fighters particularly as the 'rounding off' principle has been discontinued by the State Government vide Government Order dated 28.8.2015, copy of which has also been placed before this Court. Para-3 of the said Government Order reads as under:-
"3. ????????? ?? ????????, ????? ???????????, ?? ?????? ???? ??? ?? ?? ??????? ????????? ?? ???? ???? ??? ???? ?? '???????? ??' ?? ???????? ?? ???? ?????? ??????, ???? ???? ????????? ?? ?? ??????? ??? ???? ?????? ??? ????? (????????) ?? ???????? (??????) ???? ??????? ?????????? ??? ??????? ?? ???? ?? ??????? ????????? ?? ?????? 1.5 ??? ??, ?? ???? 01 ??/?????? ??????? ?? ????? ??? ??? ?????? ??????? ????????? ?? ?????? 1.99 ????? ???? ?? ?? ??????? ??/?????? 01 ?? ????? ???????, ????? (??????) ?? ???????? (??????) ???? ???????"
Learned counsel for the petitioner places reliance upon a judgment of this Court in Dr. Rajesh Kumar Tiwari Vs. State of U.P. and others, reported in 2007 (1) AWC 282 to submit that one post had to be reserved in this category. The proposition of law laid down in the case of Dr. Rajesh Kumar Tiwari (supra) would have no applicability in the facts of the present case inasmuch as the Division Bench judgment was delivered in the context of the then policy which provided for posts to be reserved by applying the principle of rounding off. 2% of 27 would work out to 0.54 which is less than one. The Government Order dated 28.8.2015 clearly provides that fractions would be ignored and only real number shall be counted for reservation to dependent of freedom fighter. In such circumstances it cannot be said that Commission has wrongly denied reservation to dependant of freedom fighter.
Writ petition therefore lacks merit and is dismissed.
Order Date :- 18.8.2021 n.u.