YARTINDRA SINGH, J.

( 1 ) THE main question involved in this writ petition is, Whether a resident of a State other than the State of UP (the other State) belonging to a caste in the reserved category in the other State, is entitled to reservation in public services and posts in the State of UP under UP Public Services (Reservation for Schedule caste, Schedule Tribe and other Backward Classes) Act, 1994 (the Act) ? FACTS

( 2 ) THE UP Higher Education Service Commission, Allahabad (the Commission) issued an advertisement no. 26/1998 for appointment of teachers in degree colleges in the State of UP. These posts are within the meaning of public services and posts as defined under the Act. There is reservation for Schedule caste, Schedule tribe and other Backward classes (SC/st/obc) in these posts as provided under the Act. The petitioner has qualified the National Eligibility Test (NET) and has minimum educational qualification under the advertisement. He is an ordinary resident of State of Bihar. He applied as an OBC candidate. He produced an OBC certificate dated 15. 9. 1995 issued by the Sub-Divisional Officer (SDO), district Nalanda, Bihar. This certificate is for OBC applying for a

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