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2018 Supreme(All) 1064

DILIP B. BHOSALE, MANOJ KUMAR GUPTA, SUNEET KUMAR, YASHWANT VARMA, SAUMITRA DAYAL SINGH
ARCHANA MISHRA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Gautam Baghel, P.S. Baghel, Sarita Gupta, Shekhar Chaudhary, Syed Mohd. Fazal, Rajeev Misra, Smt. Arti Raje, Satyawan Srivastava, Vinay Khare, K.M. Asthana, Irshad Husain, Prashant Kumar Tripathi, Sanjeev Singh and Alok Mishra for the Petitioners; C.S.C.,R.K. Ojha, Archit Mandhyan, Ashok Khare, B.D. Mandhyan, Pankaj Kushwaha, Pankaj Saxena, S.C., S.G. Hasnain, A.A.G., Saumya Mandhyan, Shailendra, Suresh Chandra Kushwaha, V.K. Chandel, V.K. Singh, Archana Singh, Durga Tiwari, Satish Mandhayan, Manoj Nigam and H.N. Singh for the Respondents.

JUDGMENT

Hon’ble Dilip B. Bhosale, C.J.—Two learned Judges of this Court finding themselves unable to agree with the view taken by a Coordinate Bench in Dr. Vishwajeet Singh and others v. State of U.P. and others, 2009(4) ADJ 373, as well as that expressed by a Full Bench of this Court in Heera Lal v. State of U.P. and others, 2010(6) ADJ 1 (FB), in Dr. Archana Misra and others v. State of U.P. and others [Writ-A No. 51212 of 2010] have formulated the following questions to be considered and decided by a Bench of more than three Judges:

1. Whether the rules of reservations under the U.P. Act No. 4 of 1994 are applicable to appointment on the post of lecturers, by direct recruitment, in the aided postgraduate and undergraduate colleges in the State of UP, affiliated to the State Universities by clubbing all the vacancies as provided under Section 12 (3) of the UP Higher Eduction Service Commission Act, 1980 subject-wise; or the vacancies have to be worked out for applicability of rules of reservation college-wise and subject-wise?

2. Whether there has to be plurality posts in the cadre, for applying the rules of reservation, which means more than one; or there has to be at least five





































































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