Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 24 of 2021 Appellant :- Anand Prakash Singh Respondent :- The State Of U.P. And 3 Others Counsel for Appellant :- Ashok Trivedi,Rahul Trivedi,Shivani Trivedi Counsel for Respondent :- C.S.C.,Satish Chandra Yadav
Hon'ble Munishwar Nath Bhandari,J. Hon'ble Rohit Ranjan Agarwal,J.
Order on Exemption Application No.1 of 2021 The application seeking exemption from filing certified copy of the order of the High Court is allowed.
The defect stands cured.
Let a regular number be given to this appeal. Order on Memo of Appeal By this appeal, a challenge is made to the judgment dated 03.12.2020 passed by learned Single Judge dismissing the writ petition.
It is a case where petitioner-appellant was given promotion on the higher post against backlog vacancy kept for reserved caste. The respondents passed an order for cancellation of the promotion not only in the case of the petitioner but other teachers in reference to Section 3(7) of Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (in short "Act, 1994"). The order impugned before learned Single Judge was passed in compliance of the directions issued by the Hon'ble Supreme court in Uttar Pradesh Power Corporation Ltd. vs. Rajesh Kumar and others (2012) 7 SCC 1.
Counsel for the petitioner contended that promotion was not given on reservation. The argument aforesaid was not accepted by the learned Single Judge in the light of the order of promotion dated 18.07.2007 indicating it to be against the backlog vacancies which remain for Scheduled Castes and Scheduled Tribes to provide reservation.
In view of the authortative pronouncement on the issue by the Apex Court and followed by Single Judge, we do not find any reason to cause interference in the judgment impugned herein.
The appeal accordingly fails and is dismissed.
Order Date :- 13.1.2021 KA