JUDGMENT S. R. Misra, J. 1. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner, a Schedule Caste candidate, duly selected, after qualifying in written examination and facing interview as Assistant Engineer (Civil), by U.P. Public Service Commission in the select list dared 15-1-1992, challenges the order dated 25-4-92 passed by State Government disapproving the said Select List recommended by the Commission. 2. Before we proceed to examine the case, on merits, it is necessary to summarise the facts leading to the filing of the present writ petition. The petitioner passed his bachelor of Engineering (Civil) Examination from M.M.M. Engineering College, Gorakhpur, in the year 1987. The petitioner being admittedly a Scheduled Caste candidate, applied for the post of Assistant, Engineer (Civil), in response to an advertisement issued by The Uttar Pradesh Public Service Commission (for short 'UPPSC) dated 20-6-1987 (Annexure 1 to the writ petition). The aforesaid advertisement was published in the daily newspaper on 20-6-1987. The first advertised through the aforesaid advertisement relates to Centralised Services in U. P. Palika Engineering (Superior) Services. The petitioner was called for interview, and became successful. UPPSC recommended the name of 15 persons for approval and appointment through its letter dated 16-1-1992 under the signatures of Joint Secretary. However, The State Government vide its letter dated 26th April, 1992 refused to accord approval to The said list on The ground, as mentioned in The order, that all The posts fell within The reserved quota and were liable to be filled in by The said persons only. Since the persons recommended by UPPSC belonged to different categories of caste, it was not possible for The State Government to accord its approval. It is this order of The State Government dated 25-4-1992 which is under challenge. 3. We have heard learned counsel for the parties. In our opinion, the impugned order dated 25-4-1992 of the State Government cannot be allowed to stand as it is arbitrary on the face of it. The impugned order is not sustainable on account of the fact that the State Government has miserably failed to consider the pertinent issue involved and its order defies the very object, which is sought to be achieved. 4. The impugned order is not sustainable on account of the fact that the State Government has miserably failed to consider the pertinent issue involved and its order defies the very object, which is sought to be achieved. 4. The State Government, vide impugned order dated 25-4-1992 has refused to grant approval to the Select List of Assistant Engineer (Civil) dated 16-1-1992 recommended by the UPPSC only on the ground that since the entire posts fell within the purview of reservation quota, the same is liable to be filled in only by the candidates belonging to members of Scheduled Caste. The aforesaid order has been issued pursuant to such decision taken by the Government on 23rd December, 1991. The impugned order, since makes interesting reading, especially in the background of the present case, as well as looking into the object it seeks to achieve, hence is reproduced below :- "Uparyukt visayak apne patra sankhya 474(I)/12/R/N/M-P/S-10/82-83 dinank 16 January, 1992 ka kripaya sandharbh len jisme vars 1987 men bheje gaye Adhiyachan ke virudh 15 sahayak abhiyantaon ke chayan ki sanstuti bheji gayee hai. . Vartaman me aarakshan quota pura na hone ke karan uplabdh 12 riktiyon hetu sanshodhit adhiyachan shasan ke patra sankhya 7417/Na-4-91- 110 E/91 dinank 23-12-91 dwara Aayog ko bheja gaya hai aur anurodh kiya gaya hai ki visesh abhiyan chalakar chayanit abhyarthion ki suchana uplabdh karaya jaye. Ukt paristhiti men apke uprokt patra dinank 16-1-1992 dwara sansutik abhyarthion ki niyukti kiya jana sambhav nahi hai. Atah mujhe yah kahane ka nirdesh hua hai ki kripaya is chayan ko nirast karne ka kast karen tatha shasan dwara dinank 23-12-91 ko preshit adhiyachan ke anusar aarakshit varg abhyarthion ka chayan karke shasan ko bhejne ka kasht karen. Apke ukt patra ke sath prapta sabhi sanglangnak yathavat wapas kiye jate hain." The last line of the aforesaid order leaves no room for doubt that since the State Government was desirous of filling all the posts by the candidates belonging to Scheduled Caste and Scheduled Tribes alone, hence the commission (UPPSC) was directed to proceed afresh to ensure that all the posits are filled only by the candidates belonging to such category. 5. If that be so, as it is, this Court apparently is at loss to understand as to why the State Government rejected the entire list of selected candidates. 5. If that be so, as it is, this Court apparently is at loss to understand as to why the State Government rejected the entire list of selected candidates. A bare reading of the Select List shows that it contains persons belonging to Scheduled Caste as well. The petitioner is one of such candidates, whose name finds place in the Select List at serial number 14. We 'are firmly of the view that the petitioner, along with other Scheduled Caste candidates, were entitled to be considered for approval/appointment. The State Government has completely failed to advert itself as to why persons belonging to Scheduled Caste, who find place in the Select List dated 46-1-1992, are not entitled to be considered for approval. As there -is no infirmity in the Select List prepared by the commission, there appears to be neither any reason for justification for it, and, hence the decision of the 'State Government rejecting the Select List as a whole is apparently arbitrary, contrary to the very object it seeks to achieve, and sutlers from the vice of non-application of mind to the facts in issue. The petitioner, along with similarly situated Scheduled Caste candidates, who have been selected, does have a right to be considered for approval/appointment. The infringement of this valuable right, for no plausible reason, makes the decision of the State Government arbitrary, against the principles of fair play, justice and in breach of Article 14 of the Constitution of India. 6. The action of the State Government in initiating process of recruitment by disapproving the Select List, is also against the public policy and contrary to public interest, since once the Select List, duly prepared, consists of Scheduled Caste candidates, no occasion arises to fill the posts afresh to the extent of availability of such candidates from the Select List. The State exchequer is not only going to be burdened by it, but the entire Steps are going to be exercised in futility affecting the career of successful candidates, like petitioner, adversely. The entire process has already been delayed by the respondents on account of inaction and laxity, and four years have elapsed, and the petitioner has been kept waiting for no fault on his par. The entire process has already been delayed by the respondents on account of inaction and laxity, and four years have elapsed, and the petitioner has been kept waiting for no fault on his par. Learned counsel for the respondents submitted that since fresh process of recruitment has already started and the petitioner also participated in it, he has no right to challenge the order and is estopped from challenging the action. The submission, thus advanced, is devoid of substance and is misconceived, inasmuch as, the right created in favour of the petitioner out of the process of selection commenced in the year 1987, cannot be taken away by the action of the State Government, which have been held to be. absolutely arbitrary and against public policy by us in the foregoing paragraphs of this judgment. The State Government cannot be allowed to take advantage of its own arbitrariness, complete inaction, lethargy and laxity. 7. Therefore, in view of the reasons stated above we allow the writ petition, set aside the order dated 25-4-1992, Annexure 4 to the writ petition. We further direct the State Government to consider the Select List dated 16-1-1992 to the extent of Scheduled Caste candidates, including the case of the petitioner, for approval and appointment in the light of the observations made above. The State Government is further directed to take decision in the matter within a month from the date of production of certified copy of this order. Petition allowed.