JUDGMENT :

1. Heard Ms. Jigyasa Singh, learned counsel holding brief of Ms. Mamta, learned counsel for the petitioner, Sri Satyendra Kumar Tripathi, learned Standing Counsel appearing on behalf of the respondent nos.1 and 4 and Sri Fuzail Ahmad Ansari, learned counsel appearing on behalf of the respondent no.2.

2. The present petition has been filed seeking the following relief:-

"a) Issue a writ, order or direction in the nature of certiorari, calling for record to quash the Rolling Advertisement No.D-1/E-1/2023 dated 02.02.2023 in respect of Uttar Pradesh Medical Department (Ayurvedic Department) only (Annexure -1 to the writ petition)

b) Issue a writ, order or direction in the nature of mandamus, to command the Respondent no.2 to issue a fresh advertisement for the Posts Principal after considering the applied proper reservation policy accordingly in respect of the Advertisement No.D-1/E-1/2023 dated 02.02.2023 in respect of Uttar Pradesh Medical Department (Ayurvedic Department)/or decide the representation/letter of the petitioner dated 17.02.2023 (Annexure No.5 to the writ petition)."

3. It is the case of the petitioner that the cadre strength of the Principal, Government Ayurvedic Medical College is 8 in number and as such, if the notification for advertising the vacancy for 4 posts which is exclusively for unreserved category shall violate the reservation policy along with the roster which is applicable for reserving at least one post out of four posts advertised through the impugned advertisement notification, in that case, the advertisement notification dated 02.02.2023 is bad in law.

4. For substantiating the arguments as raised on behalf of the petitioner, learned counsel for the petitioner apprised the Court that the reservation may not be exceeded from 50% in any case if at all the same has been notified for the unreserved category, in the case it is 100% vacancies as notified are exclusively for unreserved category.

5. In absence of application of 100 point roster as defined under the 1994 Act[U.P. Public Services (Reservation for SC, ST and OBC) Act, 1994] shall be applicable which crystal clearly defines that second, fourth, sixth and eighth posts shall only be filled up by unreserved category.

6. Learned counsel for the petitioner also relied upon the judgment rendered by Hon'ble the Supreme Court in case of State of U.P. and others Vs. Sangam Nath Pandey and others connected with U.P. Public Service Commission Vs. Manoj Kumar Singh and others, [2012 (2) SCC 105]. The extract of the abovementioned judgment which is related to the instant matter wherein the fraction of reservation along with the roaster has been clarified by Hon'ble the Supreme Court is reproduced hereinbelow:-

"25. In order to determine as to what would be the backlog vacancies, it is necessary to have a look at the relevant provisions of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act 1994 as amended by the Act No. 1 of 2002.

"2 (d) "year of recruitment" in relation to a vacancy means a period of twelve months commencing on the first of July of a year within which the process of direct recruitment against which such vacancy is initiated.

3. Amendment of Section 3 -In Section 3 of the Principal Act,

(a) for sub-sections (1), (2) and (3) the following sub-section shall be substituted, namely :-

(1) In public services and posts, there shall be reserved at the stage of direct recruitment, the following percentage of vacancies to which recruitments are to be made in accordance with the roster referred to in sub-section (5) in favour of the persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens -

(a) in the case of Scheduled Castes Twenty one percent

(b) in the case of Scheduled Tribes Two percent

(c) in the case of Other Backward Twenty seven percent Classes of citizens

Provided that the reservation under clause) shall not apply to the category of Other