In a special appeal filed before the Allahabad High Court to challenge Clause 10 of an advertisement dated 22-12-2025 by the Uttar Pradesh Public Service Commission (UPPSC) which provided for the adjustment of reserved category candidates against unreserved vacancies at the stage of final selection, provided such candidates had not availed any concession in the qualifying standards at the preliminary stage, a Division Bench of Justice Rajan Roy and Justice Manjive Shukla left it open for UPPSC to reconsider deletion of the impugned clause and ordered continuation of the stay granted on the same.
By a previous order dated 13-05-2026, the Court had cast an interim stay on the impugned condition in the advertisement as well as an office order dated 09-01-2020, noting UPPSC’s wish to file a counter affidavit.
The Court noted UPPSC’s acceptance that in this case, the marks obtained in the preliminary exam are counted in the final result, and stated that Section 3(6) of the Reservation Act, 2004, would come into the picture. It was said that the Supreme Court’s decision in Rajasthan High Court & Ors. v. Rajat Yadav & Ors. (Civil Appeal No. 14112/2024) would squarely apply. The Court also stated that a Division Bench judgment of this Court in U.P. Power Corporation Limited & Ors. v. Nitin Kumar & Ors. (Special Appeal No. 310/2015) would be applicable to the present matter and ordered for the interim order to continue till the next date of listing.
The Court left it open for UPPSC to reconsider deletion of Clause 10 and stated that if the same were to be deleted, recruitment could proceed, subject to further orders and held that the impugned circular would not be used against candidates in the recruitment.
