Court No. - 58
Case :- WRIT - A No. - 15680 of 2018 Petitioner :- Shailendra Kumar Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sita Ram,Prabhakar Tripathi Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is claiming consideration for appointment against 48 posts, which are specified for being carried forward in the next recruitment on the ground that sub-section (5) of section 3 of the U.P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex- Servicemen) Act, 1993 has been omitted. A Division Bench of this Court in Special Appeal Defective No.418 of 2017 vide order dated 18.7.2018 has been pleased to hold that amendment can have no retrospective effect. Since the process of recruitment has already been initiated much prior to the amendment, as such benefit of amendment made in the rules subsequently cannot be given effect to.
Since the controversy raised in this petition stands adjudicated by the Division Bench of this Court in Special Appeal No.418 of 2017, therefore, no relief can be granted to the petitioner. Writ petition is, accordingly, dismissed.
Order Date :- 27.7.2018 Ashok Kr.