G.B.PATTANAIK, S.N.PHUKAN, S.N.VARIAVA
State of U. P. – Appellant
Versus
M. C. Chattopadhyaya – Respondent
ORDER :
G.B. Pattanaik, J.
These appeals arise out of the judgment of the Division Bench of 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 judgment since reported in [(1996) 3 UPLBEC 1869]. In the aforesaid judgment in paragraph 29, the Division Bench of Allahabad High Court has held that the reservation has to be applied subject-wise and the Professors of the 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 Dr. Ram Niwas Pandey v. State of U.P. & Ors. [(1996) 3 UPLBEC 1869] was assailed before this Court.
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