Court No. - 5
Case :- WRIT - A No. - 12516 of 2021 Petitioner :- Kuldeep Vyas And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh K. Dwivedi,Raghvendra Tripathi Counsel for Respondent :- C.S.C.,Gagan Mehta
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and learned Standing Counsel for respondent nos.1 & 2.
Petitioners, by means of the present writ petition, have prayed for the following main reliefs:-
"A. Issue a writ, order or direction in the nature of certiorari quashing the selection list dated 25.6.2020 (Annexure-5) of candidates who have selected in general category however they have got less than 55% of mark in post graduate.
B. Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondents Commission to fill up the vacant seat from waiting."
The petitioners claim to have been applied for being considered for appointment on the post of Assistant Professor.
It appears that some candidates, who were qualified N.E.T. under OBC/SC/ST category, had also applied under the said category, but on account of their merit in the selection, they competed with general candidates and their names have been placed in the general category by virtue of their merit in the select list.
Learned counsel for the petitioners has contended that those candidates who had qualified National Eligibility Test (hereinafter referred to as 'NET') under OBC/SC/ST category cannot be adjusted in the merit list of the general category, and therefore, the select list to the extent of candidates, who have been selected in the general category, though qualified NET under OBC/SC/ST category, is bad. Thus it is submitted that if name of those candidates are placed in the category to which they belonged, petitioners would be selected.
Be that as it may, the submission of learned counsel for the petitioners is misconceived, inasmuch as those candidates who have qualified NET under OBC/SC/ST category on the basis of their merit have been placed in the general category, is not sustainable in law in view of Section 3(6) of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (hereinafter referred to as 'Act, 1994').
Learned counsel for the petitioners has tried to placed reliance upon the judgement of Apex Court in the case of Deepa E.V. Vs. Union of India and Others 2017 (0) SC 354 wherein it is held that once benefit of reservation of OBC/SC/ST has been taken, the same benefit cannot be extended second time.
The aforesaid judgement is not applicable in the facts and circumstances of the present case, inasmuch as petitioners are not taking any benefit for being OBC/SC/ST category rather by virtue of Section 3(6) of the Act, 1994 and on account of their merit, they have been placed in the category of general candidate.
Thus, for the reasons given above, writ petition lacks merit and is accordingly, dismissed with no order as to costs.
Order Date :- 29.10.2021 Sattyarth