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SAURABH SHYAM SHAMSHERY
Shivam Pandey – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Issue before this Court for consideration are -:
(ii) “Whether selection process would consider to be commenced when on 01.12.2018 (i.e. before Constitutional Amendment), when State Government issued a Government Order for conducting Assistant Teachers Recruitment Examination-2019 (for short “ATRE-2019”), a qualifying examination to participate in above referred selection process? and;
(iii) “What would be effect of Uttar Pradesh Public Services (Reservation for Economically Weaker Section) Act, 2020?”
2. It is case of petitioners that on 01.12.2018, the State Government issued a Government Order for conducting “ATRE-2019”, which was conducted on 06.01.2019. The petitioners have participated in said examination under Unreserved (General) category and result thereof was issued o
EWS reservation was to be applied in the recruitment process for Assistant Teachers; however, due to the completion of recruitment, no relief could be granted to the appellants.
The court held that the reservation process must integrate all qualifying evaluations to ensure equitable treatment for candidates from reserved and unreserved categories, as mandated by law.
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
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