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1-                Particulars of the organization functions and duties

 (i) Historical Perspective

Indianisation of the superior Civil Services became one of the major demands of the political movement compelling the British Indian Government to consider setting up of a Public Service Commission for recruitment to its services in the territory. The first Public Service Commission was set up on October 1st, 1926. However, its limited advisory functions failed to satisfy the people's aspirations and the continued stress on this aspect by the leaders of our freedom movement resulted in the setting up of the Federal Public Service Commission under the Government of India Act, 1935. Under this Act, for the first time, provision was also made for the formation of Public Service Commissions at the provincial level.

As a consequence the Uttar Pradesh Public Service Commission was constituted on the 1st of April 1937 with its headquarters at Allahabad and has a glorious past of more than 60 years. At the time of its inception The UP Public Service Commission was situated in a few rooms in the then Secretariat, but now apart from a lavish campus at Allahabad, it has a Camp Office in the state capital Lucknow as well. In 1937 only 9,811 applications were disposed and over the years the quantum of work has increased manifold with the disposal of a few lakh applications every year now.

The UP Public service Commission has modernised itself with the times and massive computerisation is being undertaken presently. The examination system has been partly computerised and the process is still under progress.

It has two spacious Examination Centres in Allahabad and Lucknow and they can cater to the needs of 3000 candidates at the same time.

The number of the members of the Commission has also increased gradually in keeping with the increase in the quantum of work of the Commission and now there are 8 members in it.

The working of Uttar Pradesh Public Service Commission is also regulated by Uttar Pradesh Public Service Commission Regulation, 1976.

Constitutional Powers Constitution of India: Articles Relating to Public Service Commission 315. Public Service Commission for the Union and for the State
(1) Subject to the provisions of this Article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.
(2) Two or more State may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the needs of those States.
(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to the purposes of the law.
(4) The Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the president, agree to serve all or any of the needs of the States.
(5) References in this constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as respects the particular matter in question.

 316. Appointment and Term of office of Members
(1) The Chairman and other Members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:
Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years either under the Government of India or under the Government of State, and in computing the said period of ten years any period before the commencement of this constitution during which a person has held office under the Crown in India or under the Government of an Indian State shall be included.
(1-A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) of the vacant office has entered on the duties there of or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the President, in the case of the Union Commission or a joint Commission, and the Governor of the State in the case of a State Commission, may appoint for the purpose.
(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until he attains, in the case of the Union Commission, the age of sixty five years, and in the case of a State Commission or a joint Commission, the age of sixty two years, whichever is earlier:
Provided that-
(a) a member of a Public Service Commission may, by writing under his hand addressed in the case of the Union Commission or a Joint Commission, to the president, and in the case of a State Commission, to the Governor of the State, resign his office.
(b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of Article 317.
(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for reappointment to that office.

317. Removal and suspension of a member of a Public Service Commission
(1) Subject to the provisions of clause(3), the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the president on the ground of misbehavior after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf under Article 145, reported that the Chairman or such other member, as the case may be, ought on any such ground to be removed.
(2) The president, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may suspend from office of the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public Service Commission if the Chairman of such other member, as the case may be-
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (1), be deemed to be guilty of misbehavior.

318. Power to make regulations as to conditions of service of members and staff of the
Commission
In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the State may by regulations -
(a) determine the number of members of the Commission and their conditions of service ; and
(b) make provision with respect to the number of members of the staff of the Commission and their conditions of service:
Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment. 

319. Prohibition as to the holding of offices by members of Commission on ceasing to be such
members On ceasing to hold office -
(a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or under the Government of a State;
(b) the Chairman of a state Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
(c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union Public Service Commission or as the Chairman of a State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State;
(d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman of that or any other states Public Service Commission, but not for any other employment either under the Government of India or under the Government of a State. 

320. Functions of Public Service Commission
(1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations, for appointments to the Services of the Union and the Services of the State respectively.
(2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
(3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted-
(a) on all matters relating to methods of recruitment to civil services and for civil posts;
(b) on the principles to be followed in making appointments to Civil Services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India, or as the case may be, out of the Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award, and it shall be the duty of a Public Service Commission to advise on any matters so referred to them and on any other matter which the President, or, as the case may be the Governor of the State, may refer to them ;
Provided that the President as respects the all- India Services and also as respects other services and posts in connection with the affairs of the Union, and the Governor as respects other services and posts in connection with affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted.
(4) Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision referred to in clause (4) of Article 16 may be made or as respects the manner in which effect may b given to the provisions of Article 335.
(5) All regulations made under the proviso to clause (3) by the President or the Governor of a State shall be laid for not less than fourteen days before each house of parliament or the House or each House of the legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both houses of Parliament or the house or both houses of Legislature of the State may make during the session in which they are so laid. 

321. Power to extend functions of Public Service Commissions
An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution. 

322. Expenses of Public Service Commissions
The expenses of the Union or a state Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the consolidated fund of India or, as the case may be, the Consolidated fund of the state. 

323. Reports of Public Service Commissions
(1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.
(2) It shall be the duty of a state, Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of a joint commission to present annually to the Governor of each of the states the needs of which are served by the joint Commission a report as to the work done by the Commission in relation to that state, and in either case the Governor, shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State.

Functions of UPPSC  (a) Recruitment of the Candidates :-

(i) On the basis of Interview only.
(ii) On the basis of screening test & Interview.
(iii) On the basis of Examination only.
(iv) On the basis of Examination & Interview only.
(v) On the basis of Preliminary Examination, Main Examination & Interview.

(b) Promotions.

(c) Disciplinary Actions.

(d) Service Rules.

(e) Advice to the U.P. Government.

Composition of the Commission
Uttar Pradesh Public Service Commission is headed by the Chairman and comprises of eight other Members. All appointed by the Governor of Uttar Pradesh, in accordance with the provisions in Articles-316 to 319 of the constitution of India.

The present composition of the Commission is as follows:-

Examination Conducted by the Commission (Over view)
List of Examinations Conducted by the U.P. Public Service Commission time to time.( Direct recruitment through interviews only as per the service rules of various posts)

1. Combined State/Upper Subordinate Preliminary Examination.
2. Combined State/Upper Subordinate Main Examination.
3. R.O/A.R.O Preliminary Examination (Only for the Commission)
4. R.O/A.R.O Main Examination(Only for the Commission)
5. A.P.S. Examination(Only for the Commission)
6. Assistant Registrar Examination
7. Combined State Engineering Examination.
8. U.P. Nyayic Seva (Junior Division) Examination
9. Assistant Prosecuting Officer Examination
 

 (ii)- THE UTTAR PRADESH STATE PUBLIC SERVICE COMMISSION (REGULATION OF PROCEDURE ACT, 1985)

 (U.P. Act No. 23 of 1985)

(as passed by the Uttar Pradesh Legislature)

AN ACT

to provide for certain matters relating to the procedure of the State Public Service Commission and the conduct of the Business.

IT IS HEREBY enacted in the Thirty-sixth year of the Republic of India as follow.

CHAPTER-I(Preliminary)

Short title and Commencement

(1)        This act may be called the Uttar Pradesh State Public Service Commission (Regulation of procedure) Act, 1985.

(2)        It shall be deemed to have come into force on June 22,1985.

 Definition

2.         In this Act, unless the context otherwise requires.

(a)               " Chairman" means the Chairman of the Commission appointed under clause (1) of Article 316 of the Constitution and includes a person appointed under clause (1-A) of that Article to perform the duties of the Chairman.

(b)               " Commission" means the Chairman and all other members collectively, of the Uttar Pradesh State Public Service Commission.

(c)               "Controller of Examinations" means the Controller of Examinations appointed or authorised under section 8.

(d)               "Member" means a person appointed as Member of the Commission under clause (1) of Article 316 of the Constitution and includes the Chairman.

(e)               "Secretary" means the Secretary of the Commission and includes any other officer of the Commission authorised by the Chairman to perform all or any of the functions of the Secretary.

CHAPTER-II (Allocation of the Business of the Commission)

Business to be Transacted by Chairman or other members

3. (1)    The business of the Commission specified in the schedule shall be transacted by the Chairman or the member or members, as the case may be, specified against such business, and the business so transacted shall be deemed to have been transacted by the Commission.

    (2)            Notwithstanding anything contained in sub-section(1) the chairman may, if he considers necessary or expedient so to do in public interest, direct that any particular matter or business specified in the Schedule be placed before the Commission for disposal.

 Business to be transacted by Commission

4.         The business of the Commission other than that specified in the schedule shall be transacted by the Commission.

Delegation

5. (1)    The Commission may subject to such directions as it may deem fit to issue, delegate any of its functions to any individual member or officer of the Commission or to a Committee comprised of members or officers of the Commission or both.

                        Provided that where any function is delegated to an individual member, the Chairman may appoint such other person as the Chairman may deem fit to aid and advise the member.

   (2)     The decision of any person or Committee to which powers have been delegated under sub-section (1) shall be communicated to the Chairman before any action is taken thereon and the Chairman may, within fifteen days of the date of such communication, direct such person or the Committee, as the case may be, for further consideration and decision. If upon such direction the person or the Committee does not change the earlier decision within fifteen days of the receipt of such direction, the matter shall be placed before the Commission whose decision shall be final and where no such direction is given the decision of the person or the Committee shall be deemed to be the decision of the Commission.

   (3)     The decisions taken by the person by the person or Committee to which powers have been delegated under sub-section (1) shall be reported promptly to the Commission.

CHAPTER-III (Business before the Commission)

Decision in meeting

6. (1)    A decision of the Commission at any meeting shall be by majority of the members present and voting and in the case of an equal division of votes, the Chairman shall have a casting vote. It shall be open to any member to record his dissent, if any, with or without reasons there for, but he shall not communicate such dissent to the Government or any other authority or person.

   (2)     The quorum for a meeting of the Commission shall be one-half of the total members for the time being. Provided that no quorum shall be necessary for a meeting adjourned for want of quorum.

   (3)     The Chairman may postpone consideration of any business at any meeting, if he considers necessary or expedient so to do.

   (4)     When the Chairman is absent on leave or is unable to be present at a meeting of the Commission, the senior most member shall preside over the meeting and perform the functions of the Chairman.

Provided that the list of cases on which decisions have been arrived at and those in respect of which action has been taken during the absence of the Chairman shall be placed before the Chairman immediately on his return from leave, or on resuming duty, as the case may be.

Decision by circulation

7. (1)    If the Chairman is of the opinion that a business to be transacted by the Commission is urgent and a meeting of the Commission can not be decided by circulation, he may invite the opinion of conveniently called, and such matter may appropriately be the members by circulation of the business in form of a proposal.

   (2)     If no opinion is received from a member within the time specified by the chairman such member shall be deemed to have agreed to the proposal.

CHAPTER-IV (Competitive Examination)

Controller of Examination.

8. (1)    There shall be a Controller of Examinations who shall be a whole time salaried officer of the Commission, and until one is so appointed, an officer not below the rank of Joint Secretary of the Commission, authorised by the Chairman in this behalf, shall be the Controller of Examinations.

   (2)     The Controller of Examinations shall, subject to the provisions of this Act, perform such duties and functions as may be entrusted to him under the rules or orders relating to the competitive examinations conducted by the Commission.

   (3)     The Controller of Examinations shall be responsible for the proper and timely conduct of the examinations and for maintaining and ensuring secrecy thereof.

   (4)     Unless otherwise prescribed, all contracts concerning such examination shall be in writing and all documents and examination records shall be authenticated by the Controller of Examination on behalf of the Commission. All such records shall be kept in the personal custody of the Controller of Examinations.

   (5)     All arrangements for the conduct of such examinations shall be made by the Controller of examinations in consultation with the Secretary and in accordance with such directions as may be issued by the Commission in this behalf.

List of Examiners and paper-setters Etc.

9. (1)    The Controller of Examinations shall prepare for ever subject, a list of persons qualified for appointment as examiners and submit the same for approval of the Commission. Such list shall be revised at least once in very three years.

Provided that a person included in the previous list shall be eligible for inclusion in the revised list.

(2)     The list referred in sub-section (1) shall contain, as far as possible, information about the person included therein in regard to their academic qualifications, teaching experience at the degree and the post-graduate levels or professional experience and, the particulars, of the earlier examinations @ conducted by the Commission in which they acted as examiners.

  (3)   The Controller of examination shall, with the prior approval of the Chairman, appoint paper setters, Moderators and valuers from amongst the persons included in the list referred to in sub-section (1).

  (4)   In making such appointments every care shall be taken to ensure that no person is so appointed who found guilty of misconduct by any university, Government or Government body, or against whom any inquiries or investigations may be pending on allegations of misconduct, or whose integrity is in doubt. Any person whose work as Head Examiner, Paper-Setter or valuer is found to be unsatisfactory by the Commission shall not be reappointed for that purpose.

Setting and moderation of question paper.

10. (1)  Every question paper shall be set by three different paper setters, who shall not belong to the same place.

     (2)   Sealed question papers received from paper setters shall be kept in the custody of the Controller of Examinations.

(3)   The sealed envelopes, containing question papers received from the three paper setters, shall be handed over to the concerned Moderators against a receipt.

(4)   The Moderators shall moderate all the three question papers, place them in separate covers under their seal, without making any mark of identification on the cover, and hand them over to the Controller of examinations or his nominee against a receipt.

(5)   The Controller of examinations shall choose any of the moderated question papers of a subject without opening the sealed covers and send it as such to the press, which shall be responsible for printing papers including the proof reading, and for preparing packets of question papers for all examination centers under its seal in accordance with information furnished by the Controller of examinations.

 (6) The press shall be responsible for maintaining the secrecy of the question papers, and the Controller of examinations shall issue necessary directions and take necessary precautions to ensure such secrecy.

CHAPTER-V (Miscellaneous)

Rule making power

11. (1)  The Commission may make rules not inconsistent with the provisions of this Act for the regulation of its procedure.

(2)   The Commission may, if it thinks fit in the public interest, direct that, the said rules of any part thereof shall not be published.

Certain acts advice to be invalid

12        No consultation made with the Commission, or advice tendered by it, or examinations held by it or result as such examination or interviews conducted by the Commission or any interview Board, or proceeding of the Commission or of Any interview Board shall be rendered invalid merely on the ground of -

(a)          Any defect in appointment of the Chairman or any member of the Commission  or in constitution of the interview Board, or

(b)         Any vacancy in the Commission or any of its Committees or interview Board. or

(c)          Any defect or irregularity not affecting the substance in any proceedings before the Commission, Committee or the interview Board.

Protection of action in good faith

13.       No suit, prosecution or other legal proceedings shall lie against the Commission, the Chairman the member, the secretary, the Controller of Examinations, the officers or any other persons Deputed to assist the Commission for taking interview or otherwise for anything done purported to be done in good faith in exercise of any powers, duties or functions conferred or assigned by or under the Constitution or this Act or the rules made thereunder.

Repeal and Savings.

14. (1) (i) The Uttar pradesh State Public Service Commission (Regulation of procedure and Conduct of Business) Act, 1974 is hereby repealed.

            (ii) Notwithstanding such repeal-

(a) The Uttar Pradesh Public Service Commission (Procedure and Conduct of Business) Rules, 1976 shall, unless superseded by the Commission, continue to be in force except in so far as they are inconsistent with the provisions of this Act;

(b) All acts, orders, decisions, recommendations, including the conduct of any interviews, selection or competitive examination, or declaration of any results there of by or on behalf of the Commission in accordance with the Act, referred to in clause (i) of sub-section (1) or the rules framed thereunder, shall be deemed to be, and always to have been, valid and any proceedings in relations to any interviews, selection or competitive examination pending on the date of commencement of this Act may be continued and completed in accordance with the provisions of the Act and the rules in force prior to such commencement.

U.P.Ordinance No. 13 of 1985

(2) (i)   The Uttar Pradesh State Public Service Commission (Regulation of Procedure) ordinance,1985 is hereby repealed.

(ii)            Notwithstanding such repeal, anything done or any action taken the Ordinance, referred to in clause (i) of sub-section (2), shall be deemed to have been done or taken under this Act, as if this Act were in force at all material times.