For Women Bandi Rakshak, two posts for O.B.C. have been advertised to fill up the backlog posts. In pursuance thereof, the petitioner applied. In the merit list, the petitioner was at serial no. 2 and Smt. Urmila Yadav was at serial no. 1 therefore, Smt. Urmila Yadav and petitioner have been selected. Later on, the selection of the petitioner has been cancelled on the ground that in Gorakhpur Mandal for Women Bandi Rakshak, six posts are approved and as per the Government Order dated 29.3.1994, two posts are for S.C. and only one post for O.B.C.
Learned counsel for the petitioner submitted that as per information dated 16.4.2011, which is Annexure-7 to the writ petition, for Deoria District two posts for Women Bandi Rakshak are vacant and in the advertisement also two posts for O.B.C. have been advertised. In pursuance of which, the petitioner has been selected. Therefore, reducing two posts to one post on the ground that two posts for S.C. have been approved and one post for O.B.C. has been approved is not justified.
There is substance in the argument of learned counsel for the petitioner.
Learned Standing Counsel may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List in the week commencing 29.8.2011.
Till the next date of listing, the operation of the order dated 31.1.2011 shall remain stayed.
Order Date :- 19.7.2011 OP