Court No. - 30
Case :- WRIT - A No. - 7060 of 2018 Petitioner :- Reena Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Kumar Shukla,Akhilesh Kumar Pandey,Dinesh Mishra Counsel for Respondent :- C.S.C.,Rajesh Khare Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Rajesh Khare, learned counsel for the respondents.
Learned counsel for the petitioner states that the controversy involved in the present petition is squarely covered by the judgment and order dated 23.2.2015 passed in Writ Petition No. 6545 of 2018 (Arti Devi vs. State of U.P. and others). The aforesaid order dated 23.2.2018 is quoted as under:-
"Heard learned counsel for the parties.
Petitioner is before this Court with the request to command the respondents competent to consider the filling of the unfilled three seats at Chitrakoot, belonging to the vertical reservation for Scheduled Tribes as per Sub-section (3) of Section 3 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (Amended from time to time) by considering and placing the petitioner as per their merit.
Counsel for the parties are at agreement that the relief as has been sought by means of present writ petition is squarely covered by the order dated 20.12.2017 passed in Writ A no.61611 of 2017 (Umesh Chandra vs. State of U.P. and others), wherein following order has been passed:
"The State Govt. issued a G.O. dated 16.6.2016 notifying recruitment for filling up 16448 posts of Assistant Teachers in Primary Schools. All the petitioners belong to scheduled caste category. They made applications and were called for counselling. They are unsuccessful candidates. Later, it was found that a large number of vacancies under scheduled tribes category are still lying vacant. Some of the candidates preferred a writ petition in this Court at Lucknow Bench being Writ Petition No. 4812 of 2017 wherein an interim order was passed on 10.3.2017 till 21.3.2017. It is stated that after instructions were received, the said interim order was not extended.
The petitioner has preferred this petition for a direction upon the respondents to fill up the vacancies under scheduled tribe category by the candidates belonging to scheduled caste category.
Sri Jay Ram Pandey, learned counsel appearing for the second respondent- Secretary, Uttar Pradesh Basic Shiksha Parishad, Allahabad, was granted time to seek instructions in the matter. On instructions received, he submits that at present in the knowledge of the Board, there is no interim order operative.
In view of the above, the fourth respondent- Zila Basic Shiksha Adhikari, Mirzapur, is directed to conduct counselling by fixing a fresh date to fill up the vacancies of scheduled tribe category by the candidates belonging to scheduled caste, expeditiously preferably within two months from the date of communication of the order.
With the above direction, the writ petition stands disposed of. No order as to costs."
In view of the above, the present Writ Petition is disposed of in the same terms as in Umesh Chandra (supra)."
Prayer made in the present petition is identical to the prayer as made in the abovenoted petition.
The present writ petition is also disposed of in terms of the aforesaid judgment dated 23.2.2018.
Order Date :- 30.3.2018 Lalit Shukla