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(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.3200-4900 and the total number of sanctioned posts of Technical Assistant Grade-III was 10,531. After restructure of the posts, the details of the vacancies were worked out in which it was found that 10,531 posts were sanctioned out of which 5,860 persons were working. On that ground, the total vacancies were determined as 4,671; after making deduction of 2% as per Government Order dated 05.03.2002, the total vacant posts were shown as 4,578 and the requisition was sent to the UP Public Service Commission on 03.10.2012. Subsequently, the number of posts were increased by 2,092 out of which, as per Government Order dated 05.03.2002, 2% had been deducted and vide requisition dated 30.04.2013, a requisition was sent showing the increased vacant posts as 2,050 out of which total number of vacancies against the OBC quota was shown as 554. In the earlier requisition dated 03.10.2012, the total number of vacancies against the OBC quota were shown as 12. Thus, after sending the second requisition, total number of vacancies against the OBC quota were shown as 554 + 12 = 566.

44. As discussed earlier, the case in hand is clearly distinguishable from K. Manjusree (supra) and Hemani Malhotra (supra). The diploma holders were wrongly counted against the vacancies in OBC category; while they could not have been counted against OBC category and while doing so, a wrongful calculation had been arrived and the same has to be corrected by counting the diploma holders against the general category.

45. It is to be pointed out that instruction No.7 in the advertisement dated 22.10.2013 stipulates that the number of vacancies may increase or decrease. Agriculture Service Rules, 1993 clearly stipulate that it is the prerogative of the government to determine the number of vacancies in accordance with the rules. As per Rule 15 of the Agriculture Service Rules, 1993, “the recruitment authority would determine the number of vacancies for Scheduled Castes, Scheduled Tribes and other category candidates under Rule 6.” Rule 6 stipulates that “reservation for Scheduled Castes, Scheduled Tribes and other Backward Class candidates would be done according to the orders of the government prevalent at the time of appointment.”

“……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 they were not eligible as per advertisement dated 22.10.2013. Thus, by changing the number of vacancies for different categories amounts to violation of Rule 15(3) of Rules, 1993 during the pendency of the advertisement and thus, depriving of 3303 general category candidates, even to appear in the interview and allowing 4392 more candidates of OBC in the zone of consideration for the selection, amounts to changing the rule of the game during the process of selection……”.