The Allahabad High Court has stayed the finalisation of the selection process for the 180 posts of Assistant Professor in Department of Anthropology of Lucknow University with a direction to keep reserve one position for the petitioner in department of Anthropology.
A single bench of Justice Irshad Ali while dealing with a petition filed by Dr. Preeti Singh has directed the university administration to continue the selection process and directed that it would vacate a post for the Petitioner in the Department of Anthropology. The court has stated that,
“The Court is of the opinion that the controversy that whether the government order issued adopting the central enactment can repeal the U.P. Public Services (Reservation For Scheduled Castes, Scheduled Tribes And Other Backward Classes) Act, 1994, requires consideration. Till the consideration referred hereinabove, it will not be appropriate to permit the University to proceed with the selection without giving protection to the petitioner.”
The fact of the present case is that the Lucknow University had issued an advertisement, inviting applications on different posts which are 180 in total, including four posts of Assistant Professor, Department of Anthropology. The petitioner has claimed that she fulfills all eligibility criteria to apply against the said four vacancies advertised for Assistant Professor, Department of Anthropology and due to wrong adoption of reservation policy, no post has been shown under general category, thus, she has been deprived to apply for the same.
The counsel on behalf of the petitioner has submitted that the advertisement inviting applications is contrary to the reservation policy as well as by means of a government order, the provision of U.P. Public Services (Reservation For Scheduled Castes, Scheduled Tribes And Other Backward Classes) Act, 1994 cannot be amended, which prescribes 50% reservation against the vacancies existed in the different department. He further submitted that in case the reservation, as adopted by the University is permitted, it will stake more than 50% posts, which is not permissible in law.
The counsel on behalf of petitioner has further submitted that on issuance of central government enactment by adding 10% further reservation, the 50% reservation exceeded and the provision of U.P. Public Services (Reservation For Scheduled Castes, Scheduled Tribes And Other Backward Classes) Act, 1994 stands repealed and the U.P. State Universities Act, 1973 does not provide provision in regard to the applicability of reservation and after issuance of central government enactment in regard to the reservation, the said act became redundant.
The petitioner has raised question before the court that whether r the procedure adopted by the University granting reservation treating the University as unit can be proceeded with. On this the court has observed that,
“Taking into consideration the totality of circumstance, this Court as well as the Hon'ble Supreme Court came to the conclusion that the subject shall be the proper thing to adopt the reservation policy and the institution or university should not be treated to be a unit to adopt the reservation policy.”
The court has granted time period of two weeks to the respondents to file their counter affidavit. The present matter has been listed on 10 th March by the court for next hearing.
Case details:
Case :- SERVICE SINGLE No. - 20839 of 2020
Petitioner :- Dr. Preeti Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Higher Education,Lko.&Ors.
Counsel for Petitioner :- Anuj Kudesia
Counsel for Respondent :- C.S.C.,Anurag Singh, Savitra Vardhan Singh
Bench: Justice Irshad Ali
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