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Synopsis

The Uttar Pradesh Public Service Commission (UPPSC) has moved a Special Appeal against the single judge bench order quashing the results of the Uttar Pradesh PCS Preliminary Examination 2021.

A division bench comprising Justice Pritinker Diwaker and Justice Ashutosh Srivastava will next hear the matter on August 16, 2022. 

On August 2, setting aside the earlier result, the single judge bench comprising Justice Sangeeta Chandra directed the UPPSC to recalibrate the UPPCS-2021 pre-exam result giving benefit of 5% reservation to Ex-Army Personnel on Group-B and Group-C Posts.

Court had ordered that after the publication of Preliminary examination Results within one month, admit cards shall be issued for the Main written examination accordingly, and results thereof be declared giving 5% reservation on Group-B posts as well to Ex- Army Personnel. Call letters for interviews were to follow thereafter. 

It is to be noted that the UPPCS-2021 preliminary exam was held in October last year and the results were declared on December 1, 2021. The written examinations were held in March this year and interviews started last month which were ongoing when the prelims results got challenged. There are 676 Group B posts and 2 posts in Group C of Naib Tehsildar in this exam. 

The Special Appeal was put up before the division bench on Wednesday, however, at the request of the counsel for the respondent parties, the hearing was adjourned. Though the Court clarified that further adjournment, at the instance of respondents, may not be granted as a matter of right.

Backdrop of the matter:

Challenging the prelims result, a writ petition was moved by four Junior Commissioned Officers praying for implementation of the U.P. Act No. 14 of 2021 [the UP Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-servicemen) Amendment Act 2021] in its letter and spirit in the UPPCS-2021 selection process.

The petitioners alleged that despite the 2021 Amendment having been notified on March 10, 2021, the same was not implemented in the UPPCS-2021 selection process, for which the last date for prelims form submission was March 17, 2021. 

As per the 2021 Amendment, a 5% reservation is to be provided in Public Services on all posts other than Group A posts, on and from the date on which the amendment was published in the Gazette. The Amendment Act was notified in the Gazette on March 10, 2021.

It was petitioners' argument that had the amendment been implemented, they would have cleared the prelims exam. 

After due deliberation, the Single judge bench of Justice Chandra held that "The Preliminary examination is only a qualifying examination. The selection process would be deemed to have started As per the explanation given to the terms selection process in the principal act., Only when the main written examination was held on 23 March 2022."

Accordingly, quashing the prelims result, Justice Chandra opined that as the portal of UPPSC was open till March 17, 2021, the UPPSC should have extended the benefit of reservation in Group B posts as notified in 2021 Amendment. 

Case Title: Public Service Commission Uttar Pradesh v. Jwo Satish Chandra Shukla And 4 Others