[UPSSSC Excise Constable Exam 2016] Allahabad High Court confines appointment of selected female candidates on only 81 seats

In the writ petition alleging that in UPSSSC Excise Constable Exam 2016 the total number of selected candidates in the female category cannot exceed 81, the Allahabad High Court granted interim relief and directed that appointments of female candidates will be made only on 81 seats instead of 143, during the pendency of the case. 

The Uttar Pradesh Subordinate Services Selection Commission (UPSSC) declared the final result of this examination on March 15, 2022 wherein 143 female candidates had been declared successful against total vacancies of 405.

Meanwhile, the petitioners, Promod Kumar and 5 others, moved a writ petition before the High Court challenging the criteria of the Physical Eligibility Test as notified for the exam. Petitioners had alleged that the criteria of physical eligibility test for males and females had been fixed in a way that created maximum chances for the selection of female candidates.

During the course of hearing, it was also argued by petitioners' counsel that the reservation applicable to the female category falls under the category of horizontal reservation, therefore, the candidates who got selected without availing the benefit of reservation are also to be included within the percentage of seats reserved for the female category. 

He contended that in all eventuality, the total number of selected candidates in the female category cannot exceed 81, and therefore, the selection of 143 female category candidates for the post so advertised is manifestly illegal.

Though the counsel for the respondent authorities opposed the writ petition, they could not point out any provision stating that reservation applicable to the female category is not horizontal reservation and the number of candidates in the female category could be beyond 81.

Taking note of the contention raised by the petitioners, Court held that the matter needs consideration and directed the respondents to file counter affidavits before the next date of hearing i.e. July 18. 

However, as an interim measure, Court directed that appointments on the post of Excise Constable in female category shall stand confined to 81 selected female candidates.

Senior Advocate Ashok Khare assisted by Advocates Ajay Kumar Rai, Alok Mishra, Binod Kumar Mishra represented the petitioners before the court. 

Case Title: Pramod Kumar Singh And 5 Others v. State Of U.P. And 11 Others