TMI Blog2019 (9) TMI 1707X X X X Extracts X X X X X X X X Extracts X X X X ..... of reservation as per the statutory provisions of UP Reservation Act, 1994. In exercise of power Under Article 142 of the Constitution of India, if we are to issue direction to appoint 906 candidates, it will be crossing the limits of 50% reservation which would be violation of the constitutional provisions and the UP Reservation Act, 1994. Even assuming that the Respondent State was not diligent in carrying out the proper quantifiable data of existing working strength in different categories and ascertaining the vacancies position under different categories, it needs no reiteration that a wrong cannot be corrected by committing another wrong. It is fairly well-settled that the selected candidates do not have any indefeasible right to be appointed. As held in State of Bihar and Ors. v. Amrendra Kumar Mishra [ 2006 (9) TMI 569 - SUPREME COURT] , merely because the names of candidates were included in the provisional select list, they do not acquire any indefeasible right to be appointed. Merely because UP Public Service Commission has recommended the names of 906 candidates, they do not acquire any indefeasible right for being appointed. Article 142 of the Constitution of In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... han, Manju Jetley, Alok Singh, Amarendra Pratap Yadav, Abhishek Singh and Manju Sharma Jetley, Advs. JUDGMENT R. Banumathi, J. 1. 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 the Uttar Pradesh Public Service Commission on the basis of quantifiable data and cadre strength as well as actual persons working in different categories so that the interview may be conducted afresh and complete the selection. 2. Brief facts which led to filing of these appeals are as under: The Uttar Pradesh Public Service Commission issued an advertisement No. A-5, E-1/2013 dated 22.10.2013 inviting applications for 6628 vacancies of Subordinate Agriculture Services, Cadre-III (Technical Assistant Group-C). In the said advertisement for the total requisitioned 6628 vacancies, category-wise vacan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the applicable reservation Rules and accordingly, revised the requisition. Based on the said order dated 20.08.2014, Department of Agriculture vide its letter No. 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, CadreIII (Technical Assistant Group-C) Government Order No.941/12- 4-14-1992/2014 dt. 20.08.2014 Total vacancies: 6628 Unreserved 2515 SC 1882 ST 201 OBC 2030 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. After declar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule 15(3) of Agriculture Service Rules, 1993 during the pendency of the advertisement and thus, depriving 3303 general category candidates even to appear in the interview and allowing 4392 more candidates of OBC category to appear for interview by bringing them in the zone of consideration for the selection, amounts to changing the Rule of the game during the process of selection. The Commission declared the final result on 21.05.2015 wherein, 88% candidates belonging to reserved categories have been shown to be selected whereas, only 12% candidates under open category have been selected and the entire selection is in contravention to Section 3(1) of UP Reservation Act, 1994 and the Rule 15(3) of the Agriculture Service Rules, 1993. On the above findings and other reasonings, the High court allowed the writ petitions by holding that subsequent to the declaration of the result of written examination, the entire selection is vitiated and as such, the same cannot be sustained. Placing reliance upon Union of India and Ors. v. O. Chakradhar (2002) 3 SCC 146, the High Court held that when the court comes to the conclusion that the selection is tainted, there is no necessity to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... category-wise has been reworked and revised and while so, the High Court erred in saying that the Rules of the game had been changed in the midst of the selection process vitiating the selection. It was submitted that the eligibility criteria have not been changed at all and the High Court erred in relying upon K. Manjusree v. State of Andhra Pradesh and Anr. (2008) 3 SCC 512 and Hemani Malhotra v. High Court of Delhi (2008) 7 SCC 11 for setting aside the process of selection from the stage of declaration of result of the written examination. Learned Senior Counsel further submitted that the private Respondents/intervenors having participated in the interview and having found that they are unsuccessful, have filed the writ petitions and they are estopped from challenging the Office Memorandum dated 12.10.2014 and the selection process. 8. Mr. M. Karpaga Vinayagam, Senior Counsel : Learned Senior Counsel submitted that the revised Office Memorandum of UP Public Service Commission dated 12.10.2014 was based upon the revised requisition sent by the Department of Agriculture dated 20.08.2014 and only when the private Respondents found themselves unsuccessful, they chose to challen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the complaint, on direction from the State Government, the Department of Agriculture has undertaken the exercise and found that there was wrongful calculation of the category-wise vacancy and the earlier requisition was thus required to be rectified. It was submitted that when there is no allegation of mala fide/arbitrariness, the entire selection process cannot be set aside. 12. Mr. Mehul M. Gupta and Mr. A. Subba Rao, learned Counse l have also reiterated the above submissions and inter alia made their contentions. Mr. Mehul M. Gupta prayed to exercise the power Under Article 142 of the Constitution of India to issue appointment orders to 906 candidates. Contentions of the State 13. Mr. S.R. Singh, Senior counsel: Taking us through the detailed counter affidavit filed by the State, learned Senior Counsel has submitted that the High Court was not right in holding that the revised requisition as amounting to changing the Rules of the game during the process of selection. Learned Senior Counsel has submitted that mere rectification of mistake in the calculation of vacancies category-wise before commencement of interview would not amount to changing the Rules of the ga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osen to challenge the judgment passed in number of other writ petitions remaining unchallenged and operate as res judicata. In support of his contention, learned Counsel placed reliance upon Sri Gangai Vinayagar Temple and Anr. v. Meenakashi Ammal and Ors. (2015) 3 SCC 624. Insofar as horizontal reservation, the learned Counsel further submitted that wherever the candidates for horizontal reservation were not available, they were filled up with the candidates with the vertical reservation which is not in accordance with law and the consistent view taken by the Supreme Court. The learned Counsel submitted that considering number of irregularities in the selection process, the High Court rightly set aside the selection process subsequent to the stage of declaration of written examination and the impugned judgment warrants no interference. 16. M r. Anil Nauriya, learned Counsel submitted that the terms and conditions for the selection were set out in the advertisement and the rights of the candidates for selection to be considered in accordance with the Rules as they existed on the date of the advertisement and not by the subsequent events. In support of his contention, the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (v) When the regularization of diploma holders was not under challenge in the writ petitions filed in the year 2015, whether the High Court was right in going into the legality of the regularization of the diploma holders and recording an adverse finding regarding the absorption of the diploma holders against the General quota? (vi) Whether revised requisition of the number of vacancies category-wise has caused prejudice to the General/Unreserved category candidates as contended by the Respondents? (vii) Whether 906 candidates are entitled to seek for direction for issuance of appointment orders? Revised requisition dated 20.08.2014 and Office Memorandum dated 12.10.2014 notifying revised vacancies in different categories-in consonance with the provisions of UP Reservation Act, 1994 and UP Subordinate Agriculture Service Rules, 1993 (UP Service Rules, 1993) 19. The posts of Technical Assistant Grade-III are Class-III Posts which are governed under the Agriculture Service Rules, 1993. The posts were restructured with effect from 25.10.2007. The pay scale of the aforesaid posts was fixed as Rs. 3,200-4,900 and the total number of sanctioned posts of Technic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 counted against the General category . 22. The Government Agriculture School, Bulandshahar, Government Agriculture School, Chargawan-Gorakhpur and Government Agriculture School, Jhansi were run by the Agriculture Department. 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. However, after enforcement of the Agriculture Service Rules, 1993 since the diploma holder of 1981 to 1987 could not be appointed, the Directorate has sought guidelines from the State Government vide its letter dated 22.01.1998. The State Government vide its letter dated 04.06.1998 granted the relaxation and directed the appointment of Agriculture Diploma Holders who were 1822 in number, out of which 1749 had joined up to 1998. Since at the time of determination of the vacancy, the OBC category persons appointed on the basis of the Agriculture Diploma Holders Certifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ST 201 OBC 2030 On the basis of the above government order dated 20.08.2014, the Department of Agriculture vide its letter No. AC/101 dated 20.08.2014 sent the above revised requisition to the UP Public Service Commission. According to the State, the category-wise vacancy position was changed only after a meeting was held of all concerned 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. Hence, revised requisition was sent on 20.08.2014 from the Administrative Department to the Director, Agriculture who in turn was directed to communicate the same to the UP Public Service Commission. 25. The result of the written examination published on 15.09.2014 was only based on the above revised requisition. The declaration of result of the written examination was issued based on the revised requisition of the posts. The UP P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be considered together with the vacancies of the year of recruitment in which it is filled and also for the purpose of determining the ceiling of fifty per cent reservation of the total vacancies of the year notwithstanding anything to the contrary contained in Sub-section (1). ...... 27. Section 4 of the UP Reservation Act, 1994 imposes responsibility and powers upon the competent authority for compliance of the Act. Section 4 reads as under: 4. Responsibility and powers for compliance of the Act.- (1) The State Government may by notified order, entrust the appointing authority or any officer or employee with the responsibility of ensuring the compliance of the provisions of this Act. (2) The State Government may in the like manner, invest the appointing authority or officer or employee referred to in Sub-section (1) with such powers or authority as may be necessary for effectively discharging the responsibility entrusted to him Under Sub-section (1). 28. Section 5 of the UP Reservation Act, 1994 is the penal provisions. Section 5 provides that Any appointing authority or officer or employee entrusted with the responsibility Under Section 4(1) who wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the executive instructions providing for reservations, are rather problematical. The word 'post' means an appointment, job, office or employment. A position to which a person is appointed. 'Vacancy' means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As a consequence the percentage of reservation has to be worked out in relation to the number of posts which form the cadre-strength. The concept of 'vacancy' has no relevance in operating the percentage of reservation. 31. It emerges from the materials on record that the total number of sanctioned posts is 10,559 and the quota of 21% Scheduled Caste has come to 2,217 but of which 297 persons are working which come to 2.81% in the Scheduled Caste quota. The rest of vacant posts 1,920 are about 18.18% and after deduction of 2% as per the Government Order, the revised requisition for 1,882 posts against the Sc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the General category candidates. The revised requisition so made was within the purview of the competency of the State in order to achieve the object of the UP Reservation Act, 1994. Moreover, as rightly contended by the Appellants, the total number of vacancies have not been changed or modified. 33. The appropriate authority has taken the cadre strength of the Technical Assistant Grade-III as a unit in the operation of the roster in the year to ascertain whether the given class or group is adequately represented in service. The revised requisition of the Department of Agriculture dated 20.08.2014 was well within the purview of the competence. Moreover, the total number of vacancies i.e. 6628 have not been changed or modified. 34. As pointed out earlier, the category-wise vacancy position was changed after a meeting of all concerned was held i.e. representatives of the Karmik Department as well as of representatives of the Administrative Department and it was found that a wrong calculation of category-wise vacancy had been sent earlier. If the original requisition dated 22.10.2013 was to be retained, it would have resulted in anomalies of the category-wise posts thereby cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... awan-Gorakhpur and Government Agriculture School-Jhansi were running by the Agriculture Department. 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. However, after enforcement of the Service Rules 1993 since the diploma holder of 1981 to 1987 could not be appointed, the Directorate has sought guidelines from the State Government vide its letter dated 22/1/1998. The State Government vide its letter dated 4/6/1998 granted the relaxation and directed for appointment of Agriculture Diploma Holders who were 1822 in number, out of which 1749 were joined upto 1998. Since at the time of determination of the vacancy, the OBC person appointed on the basis of the Agriculture Diploma holders certificate were also counted against the vacancy in OBC category while they were not required to be counted against the OBC category, the wrongful calculation had been arrived. The earlier requisition was sent and showing only 566 vacancies against the OBC quota while in fact it should be 2030, as all the diploma holders were appointed against the gene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion, the learned Counsel appearing for the Respondents placed reliance upon Hemani Malhotra and K. Manjusree. 40. In K. Manjusree, the selection to ten posts of District and Sessions Judge (Grade-II) in the Andhra Pradesh Higher Judicial Service in pursuance of the advertisement dated 28.05.2004, was the subject matter of the appeal. The selection was on the basis of written examination followed by an interview. There were no minimum cut-off marks prescribed for clearing the interview. After the selection process was completed and the select list was prepared by the interview committee which was approved by the Administrative Committee, when the matter was placed before the Full Court, the Full Court authorized the Chief Justice to constitute a committee of judges for preparing the list of candidates to be recommended for appointment of District and Sessions Judge (Grade-II). Accordingly, the Chief Justice appointed a sub-committee of two judges which prepared a fresh list of candidates for appointment prescribing minimum qualifying marks for the interview. The sub-committee was of the view that apart from applying the minimum marks for the written examination, the cut-off mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ak and Ors. v. Rajasthan High Court and Ors. (2013) 4 SCC 540. While referring the matter to a larger Bench, in Tej Prakash, the Supreme Court explained the ambit of the expression changing the Rules of the game as under: 1 1. Those various cases deal with situations where the State sought to alter (1) the eligibility criteria of the candidates seeking employment, or (2) the method and manner of making the selection of the suitable candidates. The latter could be termed as the procedure adopted for the selection, such as, prescribing minimum cut-off marks to be secured by the candidates either in the written examination or viva voce as was done in K. Manjusree v. State of A.P. (2008) 3 SCC 512 or the present case or calling upon the candidates to undergo some test relevant to the nature of the employment (such as driving test as was in Maharashtra SRTC v. Rajendra Bhimrao Mandve (2001) 10 SCC 51). 15. No doubt it is a salutary principle not to permit the State or its instrumentalities to tinker with the rules of the game insofar as the prescription of eligibility criteria is concerned as was done in C. Channabasavaih v. State of Mysore AIR 1965 SC 1293, etc. in order to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom appearing in the interview. 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 not 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. 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. 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. 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. However, by illegally increasing the number of vacancies to 2030, 6090 candidates had been invited for the interview. Thus, in the Other Backward Class category, 6090-1698 = 4392 more candidates were called for the interview, even though t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that a person having consciously participated in the interview cannot turn around and challenge the selection process. 51. Observing that the result of the interview cannot be challenged by a candidate who has participated in the interview and has taken the chance to get selected at the said interview and ultimately, finds himself to be unsuccessful, in Madan Lal and Ors. v. State of J K and Ors. (1995) 3 SCC 486, it was held as under: 9. ..... The Petitioners also appeared at the oral interview conducted by the Members concerned of the Commission who interviewed the Petitioners as well as the contesting Respondents concerned. Thus the Petitioners took a chance to get themselves selected at the said oral interview. Only because they did not find themselves to have emerged successful as a result of their combined performance both at written test and oral interview, they have filed this petition. It is now well settled that if a candidate takes a calculated chance and appears at the interview, then, only because the result of the interview is not palatable to him, he cannot turn round and subsequently contend that the process of interview was unfair or the Selection Committee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .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. Group C) Agricultural Deptt. U.P. Reservation 2515 posts Non-reserved 1882 posts SC 201 posts ST 2030 posts OBC Pay Scale Rs.5200-20200/- Grade Pay Rs.2400/- Advertisement No.A-5/E-1/2013 Last Date: 21.11.2013 October 27, 28, 29, 30 November 05, 07, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29 December 01, 02, 03, 04, 05, 06, 08, 09, 10, 11, 12, 15, 16, 17, 18, 19, 20, 22, 23, 24, 2014 Before 10.00 a.m. Dt. 12.10.2014 . It is thus clear that the candidates who appeared in the interview were well aware about the modification/revision in number of vacancies of Technical Assistants in different categories. The private Respondents/intervening applicants have appeared in the interview with their eyes wide open regarding the modified vacancies to be filled up in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 not available and the same are not carried forward; they are filled up by other suitable candidates from amongst the candidates belonging to vertically reserved categories according to their merit. It was submitted that unfilled horizontal reservation vacancies were thus filled up by suitable candidates of respective vertical categories according to their merit which is as per the policy of the government. The High Court was not right in finding fault with the filling up of vacancies reserved for horizontal reservation with other candidates of respective vertical reservation. Plea of res judicata 57. The Respondents have sought to invoke the principles of res judicata by contending that the common judgment dated 10.02.2017 passed by the High Court involved eighty-eight petitions which were allowed with the direction specified in para (75) of the impugned judgment. Out of twenty-one appeals filed before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in Sri Gangai Vinayagar Temple, observing that mere filing of a single appeal leads to the entire dispute becoming sub judice once again, the Supreme Court in para (27) held as under: 27. Procedural norms, technicalities and processual law evolve after years of empirical experience, and to ignore them or give them short shrift inevitably defeats justice. Where a common judgment has been delivered in cases in which consolidation orders have specifically been passed, we think it irresistible that the filing of a single appeal leads to the entire dispute becoming sub judice once again. .... [underlining added] 60. In the present case, before the High Court, the contentions raised were the same and common arguments were advanced. The High Court dealt with the batch of writ petitions and disposed all of them by common judgment. Since it is a common judgment with common reasonings, the present batch of appeals before us would not result in any inconsistent decree or order as all of them arise out of the common judgment containing common operative portion of the judgment. 61. Considering the above contention in the light of the consistent judicial pronouncements of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AIR 1963 SC 913 and Makhanlal Waza case (1971) 1 SCC 749. The ratio is the same and the Appellants cannot take advantage of certain observations made by this Court in Joginder Singh case for the reasons indicated above. 62. Reiterating the above principle, in Director of Settlements, A.P. and Ors. v. M.R. Apparao and Anr. (2002) 4 SCC 638, it was held as under: 7. So far as the first question is concerned, Article 141 of the Constitution unequivocally indicates that the law declared by the Supreme Court shall be binding on all courts within the territory of India. The aforesaid Article empowers the Supreme Court to declare the law. It is, therefore, an essential function of the Court to interpret a legislation. The statements of the Court on matters other than law like facts may have no binding force as the facts of two cases may not be similar. But what is binding is the ratio of the decision and not any finding of facts. It is the principle found out upon a reading of a judgment as a whole, in the light of the questions before the Court that forms the ratio and not any particular word or sentence..... A judgment of the Court has to be read in the context of questio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of successful candidates is challenged, depending upon the facts and circumstances of the case, the successful candidates ought to be put on notice about the filing of writ petition by impleading them by issuance of notice in accordance with law vide Poonam v. State of Uttar Pradesh and Ors. (2016) 2 SCC 779. In the present case, we are not inclined to go into this question in view of the order passed by the High Court dated 04.06.2015. In WP-C No. 34196/2015, the High Court asked the writ Petitioners/private Respondents lawyer to implead the incumbents as parties who have been selected for the post in question. Before the High Court, Mr. Ajay Kumar, learned Counsel representing the UP Public Service Commission submitted that he would supply at least names of ten successful candidates along with the details and by the order of the court, the counsel appearing for the writ Petitioners were directed to serve notice upon those ten candidates. In such facts and circumstances, we are not inclined to go into this question as to impleading/non-impleading of all the successful candidates in the writ petition. 66. Re: Contention-Appointment letters not issued to 906 candidates and plea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Disabled Persons 132 1325 331 252 68. Writ Petition No. 62112/2015 was filed by few of the successful candidates for issuance of appointment letter and the High Court vide its order dated 15.12.2015 directed the official Respondents to issue appointment order. The High Court further clarified that any such appointment made as well as the select list shall abide by any order which may be passed by the Division Bench. Pursuant to the aforesaid order, the Chief Secretary, Government of UP vide its letter No. 1161/12-4-15-1729/2012 dated 22.12.2015 gave directions to the Department that appointment orders be issued to the selected candidates and that the appointment should abide by the final decision of the court. Accordingly, the appointment orders were issued to the selected candidates on 30.01.2016 as under: Position Unreserved Scheduled Castes Scheduled Tribes OBC Total Appointment order issued by Agriculture Department 2478 1385 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstitution of India, if we are to issue direction to appoint 906 candidates, it will be crossing the limits of 50% reservation which would be violation of the constitutional provisions and the UP Reservation Act, 1994. Even assuming that the Respondent State was not diligent in carrying out the proper quantifiable data of existing working strength in different categories and ascertaining the vacancies position under different categories, it needs no reiteration that a wrong cannot be corrected by committing another wrong. 71. It is fairly well-settled that the selected candidates do not have any indefeasible right to be appointed. As held in State of Bihar and Ors. v. Amrendra Kumar Mishra (2006) 12 SCC 561, merely because the names of candidates were included in the provisional select list, they do not acquire any indefeasible right to be appointed. Merely because UP Public Service Commission has recommended the names of 906 candidates, they do not acquire any indefeasible right for being appointed. 72. In the counter affidavit filed by the State of U.P., it is stated that the candidates who were selected but not issued appointment letter filed a Writ Petition No. 6198 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its under the UP Reservation Act, 1994 and the same can be rectified by exercising power Under Article 142 of the Constitution of India. Learned Counsel further submitted that 906 candidates in three different categories i.e. SC, ST and OBCs have successfully completed the written examination and the interview and these successful candidates have nothing to do with these technical flaws and therefore, prayed that in order to do complete justice, the power Under Article 142 of the Constitution of India be exercised. In support of his contention, Mr. Mehul Gupta, learned Counsel has placed reliance upon Union of India and Ors. v. Permanand Singh 1999 SCC (L S) 625 and D.M. Premkumari v. Divisional Commissioner, Mysore Division and Ors. (2009) 12 SCC 267. 75. Pointing out that even presently, there are 2779 vacancies and that 906 vacancies are kept apart, Mr. Mehul Gupta, learned Counsel appearing for 906 candidates has submitted that 906 candidates can be accommodated in the aforesaid 2779 vacant posts existing as on date. This contention does not merit acceptance. The present vacancies i.e. 4838 and the available vacancies i.e. 2779 are the future vacancies which are to be filled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the number of vacancies in different categories and to comply with the requisite percentage of quota of reservation in different categories as per Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994; (ii) In view of Rule 15 and Rule 6 of UP Subordinate Agriculture Services Rules, 1993 (Agriculture Service Rules, 1993), the Recruitment Authority is empowered to rectify the wrongful calculation and make a revised requisition of number of vacancies in different categories which is in accordance with the provisions of UP Reservation Act, 1994 and Agriculture Service Rules, 1993; (iii) Absorption of diploma holders were required to be done only against the General quota . The High Court was not right in saying that the diploma holders ought not to have been absorbed against the General category so as to alter the advertised number of posts against the General category ; (iv) Revising the number of vacancies in different categories to satisfy the statutory requirement of reservation quota as per UP Reservation Act, 1994 and this would not amount to changing the Rules of the game after the commenceme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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