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1979 Supreme(All) 73

T.S.MISRA, K.N.GOYAL
Chhotey Lal Pandey – Appellant
Versus
State of U. P. – Respondent


Advocates:
Markanday Katju, for Petitioners Standing Counsel, for Respondents.

Judgement

T. S. MISRA, J. :- This petition under Art.226 of the Constitution challenging the reservation of posts in the State Judicial Service for Backward Classes and the dependants of freedom-fighters, the ex-detenus under MISA and DISIR and their dependants raise issues which are complex and indeed of far reaching consequences.

2. The petitioners are Advocates and had appeared at the State Judicial Service Examination held in April, 1978 at Allahabad. The examination was conducted to fill 150 temporary posts of which 27 posts are reserved for Scheduled Castes, three posts are reserved for Scheduled Tribes, eight posts are reserved for the dependants of the freedom-fighters domiciled in Uttar Pradesh, twelve posts are reserved for disabled Officers of Military services and 23 posts are reserved for backward classes. The advertisement issued by the Public Service Commission also mentioned that the benefit of reservation of posts meant for the dependants of freedom-fighters would also be available to those persons who were actually detained under MISA or DISIR for six months and their dependants but this benefit shall not be available to those anti-social elements who were detained







































































































































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