Court No. - 34
Case :- WRIT - A No. - 39318 of 2014 Petitioner :- Anurag Vijay Agrawal Respondent :- State Of U.P. And Another Counsel for Petitioner :- Kartikeya Saran,Shagun K Saran Counsel for Respondent :- C.S.C.,M.N.Singh,Nisheeth Yadav
Hon'ble Sudhir Agarwal,J. Hon'ble Bachchoo Lal,J.
1. Heard Sri Shagun K. Saran, learned counsel for the petitioner and learned Standing Counsel for the State.
2. The petitioner has claimed benefit of 2 % reservation applicable to Dependents of Freedom Fighters in view of U.P. Public Services ( Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex- servicemen ) Act, 1993 as amended in 1999 ( hereinafter referred to as 'Act, 1993').
3. It is admitted that only 41 posts were advertised hence even 1 post cannot be reserved for Freedom Fighters as it would have exceeded to maximum 2 % reservations provided under Act, 1993. 2 % of 41 posts comes to 0.82 which is below to 1. Hence, petitioner's claim that one post for freedom fighters ought to be reserved is rejected. Even otherwise, in view of law laid down by Supreme Court in R.S. Garg Vs. State of U.P. and others 2006 (6) SCC 430 and a Full Bench of this Court in Heera Lal Vs. State of U.P. and others 2010 (82) ALR 453, claim of petitioner cannot be accepted.
4. Writ Petition lacks merits and is hereby dismissed.
Order Date :- 27.4.2018 Gss