K.RAMASWAMY, G.T.NANAVATI
State Of U. P. – Appellant
Versus
Dina Nath Shukla – Respondent
ORDER
Leave granted. We have heard the counsel on both sides.
2. This appeal by special leave arises from the judgment of the Allahabad High Court, made on 3.5.1996 in CMWP No. 12592 of 1995. The legislature of Uttar Pradesh enacted the Uttar Pradesh Public Services (Reservation for Scheduled Casts, Scheduled Tribes and other Backward Classes) Act, 1994 (for short, the Act ). Advertisement was issued by the University of Allahabad on January 30, 1995 inviting applications from all eligible persons for posts of Professors, Readers and Lecturers including the posts reserved for Scheduled Castes (For short, the Dalits ), Scheduled Tribes (for short, the Tribes ) and Other Backward Classes (for short, the OBCs ). A clarification was issued by the Government of April 19, 1995 stating that for recruitment to the posts of Professors, Readers and Lecturers, University or College is treated as a unit and the recruitment would be made applying the rule of reservation for the Dalits, Tribes and OBCs in respect of all the posts. That came to be questioned in the writ petition. The Division Bench has held that the said notification was bad in law. Thus, this appeal by special leave.
3. Shri
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