This court decision was a blow to the Public Service Commission. After the completion of the PCS 2021 Preliminary Exam and Main Exam, the interview continues. In such a situation, making a new revised result is a major challenge for the Public Service Commission.
There is a 5% reservation system for veterans.
Judge Sangeeta Chandra issued this order hearing the motion of Satish Chand Shukla and others. It was said in the petition that after the Kargil War in 1999, the state government changed the reserve given to former servicemen and provided for a five percent reserve, but in this group A and B were removed . A petition was filed against this, in which the state government filed a response and said the government was looking into the matter.
After that, the state government made another amendment to the reservations law and placed the service of group B under reservation and its notification was published in the official gazette on March 10, 2021. The petitioners said that despite issuing the notice before the application deadline, the Public Service Commission refused to grant the benefit of the reserve to former military personnel.
This argument on behalf of the petitioners
It was submitted to the court on behalf of Petitioners’ Advocate ABN Tripathi that the Government of Uttar Pradesh in its Notice to the Gazette dated March 10, 2021 has amended the Dependents Reservation Amendment Act of the UP Civil Service, Physically Handicapped, Freedom Fighters and Under 2021, a system has been put in place to reserve five percent for veterans for recruitment into all group jobs.
The High Court said the commission’s decision is arbitrary, unlawful
It was issued before the recruitment process conducted by the commission but the Civil Service Commission did not implement this provision. The commission announced the result of the 2021 preliminary examination without giving any reservations to ex-military candidates. This decision of the commission is illegal and arbitrary. It should be cancelled.
The High Court said that when the 2021 Amendment was notified, the online form filling portal was open at that time and remained open until March 17, 2021. It was published in the Official Gazette on March 30, 2021. The actual selection for the exam began on March 23, 2022, when the main exam took place. The court ordered to publish a new result while canceling the result of the preliminary examination of the PCS 2021 with regard to the veterans. (Report: Shivpujan Singh)