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2025 Supreme(All) 3167

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Saurabh Shyam Shamshery
Neha Sharm – Appellant
Versus
State Of U.P. – Respondent


Advocates Appeared:
For the Petitioner:S/Sri Alok Mishra and Durvesh Kumar, Advocates
For the Respondent: Sri Rajeshwar Tripathi, C.S.C. along with S/Sri Awadhesh C. Srivastava, Additional C.S.C. Brijesh Narayan, Mewa Lal Gupta, Brijendra Mani, Ravi Prakash Singh and R.S. Umrao, Standing Counsel

Table of Content
1. participation in recruitment and reservation claims. (Para 1 , 2 , 3 , 6)
2. failed arguments of the state regarding reservation application. (Para 4 , 5)
3. importance of necessary party joinder in judgments. (Para 7 , 8)
4. vertical vs horizontal reservation principles established. (Para 9)
5. directions regarding separate merit list formation. (Para 10)
6. disposal of writ petitions. (Para 11)

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. In the present case there are two sets of petitioners, who have participated in a recruitment for the selection of Sub Inspector (Civil Police)/Platoon Commander PAC/FSSO Fire Service and remained unsuccessful, whereas selected candidates, after completing their training, are posted at their respective places. None of the likely affected selected candidates was made party respondent in present bunch of writ petitions, despite pending for last 3 years.

2. First set of petitioners are woman, who belongs to Economical Weaker Section and are claiming complete and independent 20 percent horizontal women reservation (181 seats) under total EWS reservation i.e. 10 percent vertical reservation of entire EWS quota (902 seats) out of of total (9027

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