Dr. Wasi Ullah vs State Of U.P.& 2 Ors.
2013 Latest Caselaw 6394 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 53132 of 2013
 

 
Petitioner :- Dr. Wasi Ullah
 
Respondent :- State Of U.P.& 2 Ors.
 
Counsel for Petitioner :- Mohd. Shabbir,R.K.Singh
 
Counsel for Respondent :- C.S.C.,V.P.Mathur
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Mahesh Chandra Tripathi,J.

Amendment application filed today is taken on record.

Along with short counter affidavit filed by the Commission, a letter of under Secretary dated 14.9.2011 sent to the Secretary, Public Service Commission is annexed.

Learned counsel for the petitioner states that the letter reveals that it is admitted that 10 posts of General Category and 6 posts for OBC Category are still vacant, but no direction has been issued by the State Government to fill up the vacancies of General Category and OBC Category and only a direction has been issued to fill up the vacancies of S.C. Category, which is not justified.

Let learned Standing Counsel clarify that when 10 vacancies of General Category and 6 vacancies of OBC Category are available why effort has not been made to fill up the vacancies of General Category and OBC Category.

The submission of learned counsel for the petitioner is that without filling up the vacancies for the General Category and OBC Category, impugned advertisement dated 24.8.2013 for filling the vacancies of Schedule Caste Category is wholly arbitrary and unjustified.

Prima facie, we find substance in the contention of learned counsel for the petitioner.

Let Sri Y.K. Yadav, learned Standing Counsel file counter affidavit in this respect within ten days.

Put up on 28.10.2013 as fresh.

Order Date :- 9.10.2013

OP