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2003 Supreme(All) 427
IN THE HIGH COURT OF ALLAHABAD
M. Katju and Prakash Krishna, JJ.
SATYA NARAYAN SHEOHARE - Appellant
Versus
STATE OF U. P. - Respondents
C. M. W. P. 42207 Of 2001
Decided On : 02/27/2003
B.N.SINGH, K.R.SINGH, Marju R.Chauhan
The main legal point established is that a petitioner can claim reservation as an O.B.C. candidate based on a notification issued after filling in the examination form.
Headnote:
Reservation - Caste - The court allowed the writ petition and directed the respondents to treat the petitioner as an O.B.C. candidate in the examination.
Fact of the Case:
The petitioner appeared in the U.P. Judicial Services Civil Judge (Junior Division) Examination, 2000. The petitioner claimed reservation as an O.B.C. candidate based on a notification issued after he had filled in his form.
Finding of the Court:
The court found that the facts of the case were covered by a previous decision and allowed the writ petition, directing the respondents to treat the petitioner as an O.B.C. candidate.
Issues: The issue revolved around the petitioner's claim for reservation as an O.B.C. candidate based on a notification issued after he had filled in his form for the examination.
Ratio Decidendi: The court's decision was influenced by a previous Division Bench decision and allowed the petitioner's claim for reservation as an O.B.C. candidate.
Final Decision: The court directed the respondents to treat the petitioner as an O.B.C. candidate in the examination in question.
( 1 ) HEARD Smt. Manjoo Chauhan, learned counsel for the petitioner and the learned counsel for respondents.
( 2 ) THE petitioner appeared in the U. P. Judicial Services Civil Judge (Junior Division)Examination, 2000. The advertisement for the examination appeared on 4. 3. 2000. The petitioner filled in his form before the prescribed date, appeared in the examination and was declared successful. He also appeared in the interview. The result was thereafter declared but because the scaling method was adopted, it was struck down by this Court in Writ Petition No. 32802 of 2001 by the Judgment dated 3. 10. 2002. Against that judgment Special Leave Petition is pending in the Supreme Court.
( 3 ) THE petitioner claims that he belongs to the caste of Kalar and is an O. B. C. as mentioned in the notification of the Governor dated 7. 7. 2000 (Annexure-3 to the writ petition ). Since the petitioner filled in the form before the said notification, obviously he could not mention therein that he was in O. B. C. category. However, he claimed reservation on the basis of the said notification subsequently.
( 4 ) THE facts of the present case are covered by a Division Bench decision of this Court in Civil misc. Writ Petition No. 23193 of 2000, Km. Amrita Singh and Ors. v. State of U. P. and Anr. decided on 7. 5. 2001. vide Annexure-7 to the writ petition. Following the said decision, we allow the writ petition. The respondents are directed to treat the petitioner as O. B. C. candidate in the examination in question.
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