Court No. - 4
Case :- WRIT - A No. - 25181 of 2018 Petitioner :- Chandra Prakash Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samarath Singh,Hritudhwaj Pratap Sahi,Sankalp Narain Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
The controversy involved in the present case is that due to left over vacancy as per the chart appended to the writ petition of district Kushinagar which found nine in number, the petitioner asserts that in view of non availability of the candidates in the reserved ex-servicemen general category to fill in the post by applying horizontal reservation, the vacancies are required to be filled-in in the category of vertical reservation. In this connection, learned counsel for the petitioner has drawn the attention of the Court to the letter of Secretary, U.P. Basic Shiksha Parishad, Allahabad, wherein, he has directed the vacancies to be filled in the manner as has been argued by learned counsel for the petitioner. Learned counsel for the petitioner has further placed reliance upon a decision of this Court in Writ-A No. 22182 of 2018 (Manmohan Shahi v. State of UP and 3 Others) wherein scheduled caste category candidates had approached this Court with similar prayer setting up claim against vacant positions and this Court directed for consideration of their grievance in accordance with law.
Sri Pranesh Dutt Tripathi, learned counsel appearing for respondent nos. 2, 3 & 4 does not dispute the above legal and factual position and conceives to the extent that the matter of the petitioner can be examined by the respondent no. 3 strictly in accordance with law and in the light of judgment in Manmohan Shahi (supra).
In view of the above, the present writ petition is also stands disposed of with the same directions as contained in the judgment of Manmohan Shahi (supra) dated 24.10.2018.
Order Date :- 29.11.2018 IrfanUddin