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2022 Supreme(All) 1134

SAURABH SHYAM SHAMSHERY
Pramod Kumar Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ajay Kumar Rai, Alok Mishra, Binod Kumar Mishra.
For the Respondents: Chandan Sharma, Siddharth Singhal, Uday Pratap Singh, Vinit Kumar Sharma.

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. Heard Sri.Ashok Khare, learned Senior Counsel assisted by Sri Alok Mishra for the petitioners, Sri Rakesh Pandey, learned Senior Counsel assisted by Sri Chandan Sharma and Sri V.B. Yadav, learned Standing Counsel for respondents, Uday Pratap Singh and Sri Seemant Singh, learned counsel for the selected candidates and Sri Siddharth Singhal, learned counsel for the Commission and perused record as well as written submission. With consent, above referred both writ petitions are heard and decided together by common judgment.

FACTUAL MATRIX

2. Petitioners have participated in recruitment process to the post of ‘Excise Constable’ according to selection procedure prescribed under Uttar Pradesh Direct Recruitment to Group ‘C’ Post (Mode and Procedure) Rules-2015 in pursuance of an Advertisement [09(2)/2016] issued by U.P. Subordinate Service Selection Board. Vacancies were notified with following reservations i.e. 203 Unreserved, 109 Other Backward Class, 85 Scheduled Caste and 8 Scheduled Tribes.

3. So far as horizontal reservation was concerned fo

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