Allahabad High Court
Amit Kumar And 5 Others vs State Of U.P. And 3 Others on 27 April, 2022
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 3160 of 2019
Petitioner :- Amit Kumar And 5 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ajay Kumar Jagdish,Man Bahadur Singh
Counsel for Respondent :- C.S.C.,Sanjay Kumar
Hon'ble Rajiv Joshi,J.
Heard Sri Man Bahadur Singh, learned counsel for the petitioners, learned Standing Counsel for the respondents-1 & 2, Sri Sanjay Kumar, learned counsel for the respondent-3 and perused the record.
Present writ petition under Article 226 of the Constitution has been filed for quashing the first merit dated 31.08.2018 in so far as they pertain to allotment of districts of individual petitioners.
It is submitted by learned counsel for the petitioners that identical controversy involved in the present writ petition has already been decided in bunch of writ petitions i.e. leading Writ A No. 19737 of 2018 in which direction was issued to the Board to carry on process of allotment of district to Meritorious Reserved Category (MRC) candidates only treating them to be reserved category candidates only for the purposes of allotment of district of their preferences. Relevant portion of the said direction passed in bunch of writ petitions, is as under:
"59. The respondent no. 3 is directed to carry on process of allotment of district to MRC candidates only, treating them to be reserved category candidates only for the purposes of allotment of district of their preference. It is further directed that the MRC candidates who alleged that they have not been allotted district of their preference despite being MRC candidates, may file their applications before the respondent no. 3 within a period of 3 months from today and the respondent no. 3 is directed to consider and pass necessary order, as per law stated hereinabove within next 3 months."
It is further submitted by learned counsel for the petitioners that Special Appeal filed by similarly situated candidates being Special Appeal No. 274 of 2020, whereby diection was issued to the Board while upholding the judgement of the Single Judge to the effect that all the candidates who are petitioners including the General Category is entitled for consideration. Relevant paragraph of the judgement passed in Special Appeal No. 274 of 2020, is as under:
"26. We have given a thoughtful consideration to the argument advanced from both the sides and looking to the facts that examination was conducted in the year 2018, and, placement/posting being given in the said year and candidates having joined at their respective place of posting in 2018 itself, with the consensus arrived at between the counsels of both the sides as well as consent of the Board, we are proposing to pass the following order :
I. The candidates already selected/posted and working in the respective district of any category, shall not be disturbed.
II. The judgment in favour of the Meritorious Reserved Caste Candidates is not interfered. The petitioners-appellants belonging to Reserved Caste category would submit an application before the Board for change of posting pursuant to the judgment of the learned Single Judge within a period of two months of this judgment. The Board would thereupon process the case and post them as per their choice within two months. This direction would not be applicable in general but limited to the petitioners-appellants whose writ petitions were allowed by the learned Single Judge.
III. The appellants and Intervenors belonging to Open General category shall give option of three districts for their posting which would be considered by the Board within two months. They would be posted in any of the district of their choice subject to availability of the vacancy in the district concerned.s
27. The directions given hereinabove are with the consent of the parties thus, it would not be treated to be precedence. If fresh litigation comes, it would not be driven by this judgment."
Learned Standing counsel as well as counsel for the respondent-3 has not disputed the said position.
In view of the above, the writ petition is decided in terms of the direction issued by Division Bench of this Court in Special Appeal No. 274 of 2020.
Writ petition is, accordingly, disposed of.
Order Date :- 27.4.2022
Noman
