Allahabad High Court
Arvind Kumar Singh & Ors. vs State Of U.P. Thru. Addl. Chief ... on 26 March, 2021
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- MISC. SINGLE No. - 9463 of 2021
Petitioner :- Arvind Kumar Singh & Ors.
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Panchayat Raj & Ors.
Counsel for Petitioner :- Manoj Kumar Dwivedi,Sushil Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Rajnish Kumar,J.
Heard, Shri Sushil Kumar Singh, learned counsel for the petitioners and Shri Upendra Singh, learned Standing Counsel for the opposite parties.
This petition has been filed challenging the tentative reservation list of the posts of Pradhan of the Development Division Mohanlalganj, District-Lucknow.
Submission of learned counsel for the petitioners is that there are total 78 posts of Pradhan in the Mohanlalgaj Division, out of which 40 posts have been reserved for SC/ST and OBC candidates, which exceeds 50% limit of reservation as it is against the judgment of the Hon'ble Supreme Court in the case of K.Krishna Murthy (Dr.) and others Versus Union of India and another; (2010) 7 SCC 202, relying on which this court quashed the Government Order dated 11.02.2021 by means of judgment and order dated 15.03.2021 passed in PIL Civil No.6929 of 2021; Ajay Kumar Versus State of U.P. and others. Therefore the same is liable to be quashed.
Learned Standing Counsel submitted that the writ petition is in the nature of PIL and it cannot be filed by individuals. He further submitted that after quashing the Government Order the State Government was permitted to do fresh exercise by means of the order dated 15.03.2021 (Supra). In pursuance thereof a tentative list of reservation was issued which has been impugned in the present writ petition and the objections were to be filed up to 23.03.2021, which were to be considered between 23.03.2021 to 25.03.2021 and the final list is to be published today. The petitioners have not filed any objection against the tentative list and they have challenged the whole list. In case the petitioners had any such grievance they could have filed the objection which could have been considered by the competent authority. However the impugned list is only tentative and in case the petitioners have any grievance even after final list they may avail the appropriate remedy in accordance with law. He further submitted that the election has been notified today, therefore, no relief can be granted to the petitioners.
Having considered the submissions of the learned counsel for the parties and having gone through the record this court finds that the petitioners have challenged the tentative list of reservation of the post of Gram Pradhans against which the objections were invited and final list was to be published after considering the objections. Admittedly the petitioners have not filed any objection. In any case the tentative list is not final which is to be published. In case the petitioners would have any grievance against the final list, they may avail the appropriate remedy as may be available under law.
With the aforesaid the writ petition is dismissed.
.
.............................................................(Rajnish Kumar,J.)
Order Date :- 26.3.2021
Banswar
