LexSTATE OF U.P. AND ORS. versus SANGAM NATH PANDEY AND ORS.
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A B [2010] 15 (ADDL.) S.C.R. 1194 STATE OF U.P. AND ORS. v. SANGAM NATH PANDEY AND ORS. (Civil Appeal No. 4360 of 2010) DECEMBER 15, 2010 [B. SUDERSHAN REDDY AND SURINDER SINGH NIJJAR, JJ.] Recruitment - Special recruitment for reserved category C - Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (as amended) - ss. 2(d), 3(2) and 3(5) - Uttar Pradesh Public Services - Public Service Commission initiated selection process - Exclusion of 367 vacancies from general D recruitment - Challenge to - Writ Petition - High Court held that the action of the State in treating 367 vacancies belonging to reserved category as backlog vacancies was not justified and further issued a direction to the State Government to declare the result afresh in respect of these vacancies as if E they are not backlog vacancies and that appointments may be ottered in terms of the roster provided under s.3(5) - On appeal, hf:Jld: A harmonious construction of ss.2(d), 3(2) and 3(5) would lead to the conclusion, that only those vacancies can be declared backlog vacancies, within the reserved F category, which were subject matter of advertisement but remained unfilled because of non-availability of suitable candidates, within the reserved category, after selection - Any vacancy, not subjected to a complete process of selection, even though vacant, cannot be treated as a backlog vacancy G - On tacts, the selection process for the 367 posts in question was not completed, therefore, the aforesaid vacancies could not be termed as unfilled vacancies belonging to the reserved categories - The authorities were rather casual in their approach in implementing the reservation policy, in letter and H 1194 STATE OF U.P. AND ORS. v. SANGAM NATH 1195 PANDEY AND ORS. spirit - However, the 367 posts lying vacant for number of A years are meant only for the reserved categories - In segregation of the aforesaid posts, none of the unreserved categories would be deprived of any posts which ought legitimately to have fallen to their share - The interest of justice, in the peculiar facts of this case, demands that the 8 course adopted by the State Government in segregating 367 posts f · special recruitment ought not to be disturbed - Interpretation of Statutes - Harmonious construction. There was reservation for different categories of backward classes in the Uttar Pradesh Public Services. C The State Government addressed letter to the Public Service Commission with a request to initiate the process of selection of vacant posts meant exclusively for the reserved categories of Scheduled Castes, Scheduled Tribes and Backward Classes. It was stated that there D were a total number of 367 posts in the aforesaid reserved categories for which, it was necessary to initiate the process of selection as a special recruitment. The Public Service Commission, thereafter, initiated the selection process. Consequently, an option was given to E the reserved category candidates as to their choice for being considered against the 520 posts of general recruitment or against 367 posts of special recruitment meant exclusively for the reserved category. The reserved category candidates apparently gave their option for the F Special recruitment category of 367 posts. The interview was held thereafter for 520 posts for general recruitment and 367 posts for special recruitment. The final results were declared. Aggrieved by the exclusion of 367 posts for the G special recruitment, eight unsuccessful candidates belonging to the General category filed writ petitions in the High Court. The grievance made by the writ petitioners is the exclusion of 367 vacancies on the basis H \ 1196 SUPREME COURT REPORTS [2010] 15 (ADDL.) S.C.R. A that they are backlog vacancies which have remained unfilled and are to be filled up by way of a special recruitment. According to them, by exclusion of 367 vacancies, the total vacancies for the general recruitment was reduced to 520 which unnecessarily resulted in a B reduction of the posts which could be filled by all the categories in the general recruitment. The petitioners claimed that the exclusion of 367 vacancies from the general recruitment was without any legal sanction. It was· the case of the petitioners that a vacancy can only be c declared as a backlog vacancy provided there was a complete selection pr
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