STATE OF UTTAR PRADESH versus DR. DINA NATH SHUKLA AND ANR.

Citation: [1997] 1 S.C.R. 750 · Decided: 31-01-1997 · Supreme Court of India · Bench: K. RAMASWAMY, G.T. NANAVATI · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
c 
STATE OF UTTAR PRADESH 
v. 
DR. DINA NATH SHUKLA AND ANR. 
JANUARY 31, 1997 
(K. RAMASWAMY AND G.T. NANAVATI, JJ.] 
Uttar Pradesh Public Services (Reservation for Scheduled Castes, 
Scheduled Tribes and other Backward Classes) Act, 1994: Sections 2(c), 3 
and 4. 
Service law-Reservation for Scheduled Castes and Scheduled 
Tribes-University of Allahabad--Recruitment for Professors, Readers and 
Lecturers-Notification by Govemment-Clarification that for recruitment to 
the posts of Professors, Readers and Lecturers, University or College is to be 
D treated as a unit and the recruitment would be made applying the rule of 
reservation for the Dalits, Tribes and OBCs in respect of all the posts-Chal-
lenge to Notification-High Court held the notification invalid-Appeal by 
State-Held the Act gives practical content to implement the constitutional 
mandate of equality of opportunity and status to the Dalits, T:ibes and OBCs 
in the matter of appointment to a public service or a post under the State of 
E 
f!.P. including an appointment in a university or educational institution-The 
enforcement of the Act hinges upon logistic interpretation and not on legalistic 
orientation; pragmatic and not pedantic approach so that all candidates gets 
equality of opportunity to hold an office or post under the State-The Act .is 
applicable when advertisement for direct recruitment to any of the posts or 
F services in the University is issued-The rule of reservation should be applied 
for recruitment in each service, post, grade or cadre as per the percentage 
prescribed in sub-section (1) of Section 3--University/educational institution 
should work out the posts before hand and to make recntitment according-
ly-Advertisement inviting applications must specifY the reserved vacancies 
subjectwise--lf there is any single post of Professor, Reader or Lecturer in 
G each f acuity, discipline, speciality or super-speciality which cannot be reserved 
for reserved candidates, it should be clubbed, roster applied and be made 
available for the reserved fandidates in tem1s of Section 3(5) of the Act-Even 
if there exists any isolated post, rule of rotation by application of roster should 
be adopted for appointmenr-For achieving the said object, the Vice-Chan-
H cellar would ensure that single posts in each category are clubbed since 
750 
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STATE v. DR. D.N. SHUKLA 
751 
admittedly all the posts in each of the categories of Professors, Readers, or A 
* 
Lecturers carry the same scale of pa~Therefore, their fusion is constitutional 
and permissible-The Vice-Chancellor should apply the rnle of rotation and 
the roster as envisaged under sub-section (5) of Section 3-fi'resh advertise-
ment to be made and selection to be done accordingly. 
Constitution of India 1950: Articles 14, 15(1), 16(1), 38, 46, 51A(h) 
and 335. 
B 
-- )> 
Social equality-'-Dalit Tribes and other weaker sections-Duty to 
protect interests of 
• 
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R.K. Sabharwal and Ors. v. The State of Punjab & Ors., [1995] 2 SCC C 
745; Union of India & Anr. v. Madhav S/o Gajanan Chaubal & Anr., JT 
(1996) 9 SC 320 and br. Suresh Chandra Venna & Ors. v. The Chancellor, 
Nagpur University & Ors., [1990] 4 SCC 55, referred to. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 732 of D 
N97 . 
From the Judgment and Order dated 3.5.96 of the Allahabad High 
Court in C.M.W.P. No. 12592 of 1995. 
Rakesh Dwivedi, K. Misra and R.B. Misra for the Appellant. 
E 
P.P. Rao, Aseem Mehrotra, AP. Akhilesh Kumar Pandey and Ashok 
Bhushan for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. We have heard the counsel on both sides. 
F 
This appeal by special leave arises from the judgment of the Al-
lahabad High Court, made on 3.5.1996 in CMWP No. 12592 of 1995. The 
legislature of Uttar Pradesh enacted the frttar Pradesh Public Services 
(Reservation for Scheduled Castes, Scheduled Tribes and other Backward G 
Classes) Act, 1994 (for short, the 'Act') Advertisement was issued by the 
University of Allahabad on January 30, 1995 inviting applications from all 
eligible persons for posts of Professors, Readers and Lecturers including 
the posts reserved for Scheduled Castes (for short, the 'Dalits'), Scheduled 
Tribes (for short, the 'Tribes) and Other Backward Classes (for short, the H 
' 
~ 
752 
SUPREME COURT REPORTS 
(1997] 1 S.C.R. 
A 'OBCs). A clarification was issued by the Government on April 19, 1995 
stating that for recruitment. to the posts of Pro
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