Managing Director, U.P. State ... vs State Commission For Backward ...
2018 Latest Caselaw 3563 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Chief Justice's Court
 

 
Case :- MISC. BENCH No. - 4287 of 2011
 

 
Petitioner :- Managing Director, U.P. State Bridge Corp. Ltd.
 
Respondent :- State Commission For Backward Classes, U.P., & Anr.
 
Counsel for Petitioner :- Shishir Jain
 
Counsel for Respondent :- M. Ahsan Faridi
 

 
Hon'ble Govind Mathur,Acting Chief Justice
 
Hon'ble Shabihul Hasnain,J.

This petition for writ is preferred to question correctness of the order dated 23rd of November, 2010 passed by the Chairman Uttar Pradesh State Commission for Backward Classes.

Under the order aforesaid, by considering an application preferred by one Sri Ram Sharan, a direction is given to the Uttar Pradesh State Bridge Corporation Limited to provide appointment to Sri Ram Sharan in cadre of Grade- III.

The argument advanced by learned counsel appearing on behalf of the petitioner is that the order impugned is wholly without jurisdiction as the Uttar Pradesh State Commission for Backward Classes Act, 1996 (hereinafter referred to as "Act of 1996") nowhere empowers the Commission to consider and decide the issues relating to services. The argument advanced is substantiate by the judgment of Division Bench of this Court in the case of Professor Banarsi Tripathi Vs. State of Uttar Pradesh and Others reported in (2011) 1 UPLBEC 390.

In the judgment aforesaid, the Division Bench after examining the entire scheme of the Act of 1996 arrived at the conclusion that no individual complaint relating to service issue would have been considered and decided by the Commission created under the Act of 1996.

In light of the law laid down in the case of Professor Banarsi Tripathi Vs. State of Uttar Pradesh and Others (supra), we are having no hesitation in accepting the argument advanced by learned counsel that the order impugned dated 23rd of November, 2010 is without jurisdiction. Accordingly, the petition for writ is allowed. The order dated 23rd of November, 2010 passed by the Chairman Uttar Pradesh State Commission for Backward Classes is quashed.

No order to cost.

Order Date :- 2.11.2018

Rameez

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(Shabihul Hasnain,J.)   (Govind Mathur,A.C.J.)