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2003 Supreme(SC) 34

G.B.PATTANAIK, S.N.PHUKAN, S.N.VARIAVA
State Of U. P. – Appellant
Versus
M. C. CHATTOPADHYAYA – Respondent


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ORDER

1. These appeals arise ou1 of the judgment of the Division Bench of the Allahabad High Court, wherein the Court has held that there cannot be any reservation in respect of the post of Professor in the university. The aforesaid conclusion is based upon the earlier Division Bench decision of the said Court in a batch of writ petitions which were disposed of by the judgment in Ram Niwas Pandey (Dr.) v. State of u.pl In the aforesaid judgment in paragraph 29, the Division Bench of the Allahabad High Court has held that the reservation has to be applied subjectwise and the Professors of the a Departments cannot be clubbed together and treated as one cadre for the purpose of applying reservation. The aforesaid observation has been construed in the impugned judgment to be a total prohibition for applying the reservation policy to the post of Professor. Further, the Court in the impugned judgment is of the conclusion that because of a different selection mechanism for the post of Professor, principle of reservation will have no application.This judgment of the Allahabad High Court in Ram Niwas Pandey (Dr.) v. State of U.P 1 was assailed before this Court. But this Court being of the








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