SANJAY SINGH & ANR. v. U.P. PUBLIC SERVICE COMMISSION ALLAHABAD AND ANR.

42Copy pinpoint42. However, in so far as the petitioners are concerned, we deem it G proper to issue the following directions to do complete justice on the facts of the case :

(a) If the aggregate ofraw marks in the written examination and the marks in the interview of any petitioner is less than that of the last selected candidate in the respective category, he will not be entitled to any relief H

y SAN JAY SINGH r U.P. PUBLIC SERVICE COMMN. ALLAHABAD [RA VEENDRAN. J.] 277

(for example, the petitioners in WP(C) No. 165/2005 belonging to the A Category 'BC' have secured raw marks of 361 and 377 respectively in the written examinations, whereas the last five of the selected candidates in that category have secured raw marks of 390, 391, 397, 438 and 428 respectively. Even after adding the interview marks, the marks of the petitioners in W.P. [C] No.165/2005 is less than the marks of the selected candidates). B

(b) Where the aggregate of raw marks in the written examination and the interview marks of any petitioner, is more than the aggregate of the raw marks in the written examination and interview marks of the last selected candidate in his category, he shall be considered for appointment in the respective category by counting his appointment against future vacancies. (For example, we find that petitioner Archna Rani, one of the petitioners in WP (C) No. 467/2005 has secured 384 raw marks which is more than the raw marks secured by the last five selected candidates [347, 337, 336, 383 and 335] under the SC category and even after adding the interview marks, her marks are more than the five selected candidates. Hence, she should be considered for appointment). This relief will be available only to such of the petitioners who have approached this Court and the High Court before 31st August, 2005. E

43Copy pinpoint43. The petitions are allowed in part accordingly.

KKT. Petitions partly allowed .