Allahabad High Court
Vimlesh Kumar And 9 Others vs State Of Uttar Pradesh And 4 Others on 20 March, 2023
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 617 of 2023
Petitioner :- Vimlesh Kumar And 9 Others
Respondent :- State Of Uttar Pradesh And 4 Others
Counsel for Petitioner :- Jainendra Pandey,Anurag Tripathi,Atul Kumar Pandey
Counsel for Respondent :- C.S.C.,Archana Singh
Hon'ble Ashutosh Srivastava,J.
Heard Shri Jainendra Pandey, learned counsel for the petitioners, Smt. Archana Singh, learned counsel for respondent No. 2 and learned Standing Counsel for State-respondent Nos. 1 & 2.
Considering the nature of the order that is proposed to be passed, the notice upon respondent Nos. 4 & 5 is being dispensed with.
The present writ petition has been filed with the following reliefs:-
"1. Issue a writ, order or direction in the nature of certiorari quashing the impugned select list dated 1.6.2020 issued by the respondent No. 2 in so far as the same relates to the selection of MRC (Meritorious Reserved Category) candidates against the quota reserved for the reserved category candidates in ATRE-2019.
2. Issue a writ, order or direction in the nature of certiorari quashing the impugned the GO dated 5.1.2022 issued by respondent No. 1, after summoning the same in its original form as it is not available on its website, along with the select list of 6800 reserved category candidates (Annexure No.1A) declared on the same day by the respondent No. 2 in so far as it has not directed for inclusion of about 12188 more reserved category candidates, while only including 6800 reserved category candidates in the list, out of total 18988 reserved candidates who have illegally been denied statutory benefit of reservation provided under Section 3 (1) & 3 (6) of the U.P. Reservation Act of 1994 while making appointment on the 69000 vacancies of Assistant Teachers.
3. Issue a writ, order or direction in the nature of mandamus commanding the respondents to fill up the 50% unreserved vacancies of Assistant Teachers only from amongst unreserved/general candidates including MRC candidates and thereby neither encroach upon the reserved quota of seats prescribed under Section 3 (1) and 3 (6) of the U.P. Reservation Act, 1994 by the MRC candidates nor reduce the reserved quota seats by making excess appointments of unreserved candidates i.e. beyond 50% of the total seats.
4. Issue a writ, order or direction in the nature of mandamus commanding the respondents for inclusion of bout 12188 more reserved category candidates in the select list in addition to select list declared on 5.1.2022 relating 6800 reserved category candidates.
5. Issue a writ, order or direction in the nature of mandamus commanding the respondent-authorities to issue a fresh select list redrawing the same strictly in accordance with provisions contained in Section 3 (1) and 3 (6) of the U.P. Reservation Act, 1994 specifically declaring the category wise cut off marks and disclosing the quality point marks obtained by the select candidates as well as the category/sub category on which such candidates have been selected in accordance with law."
This Court vide order dated 10.2.2023 had adjourned the matter recording the factum that the issue involved in the present writ petition was already gaining the attention of the Lucknow Bench of this Court in Writ-A No. 13156 of 2020, in which the judgment had been reserved.
Smt. Archana Singh, learned counsel submits that the judgment of the Lucknow Bench has since been delivered on 13.3.2023 by making certain observations.
Both the parties agreed that the present writ petition be also disposed of in terms of the decision passed in Writ-A No. 13156 of 2023.
Ordered accordingly.
Order Date :- 20.3.2023
Ravi Prakash
