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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH
SUBHASH VIDYARTHI
Vivek Yadav – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Earlier, the petitioners had filed Writ-A No.13466 of 2025, in which the respondents have filed a short counter affidavit. However, during submissions, the opposite parties placed reliance upon the office memorandum dated 09.01.2020 whereupon Writ-A No.13466 of 2025 was withdrawn by the petitioner on 30.01.2026, with liberty to file a fresh petition. Accordingly, this petition has been filed by them on 31.01.2026 and it has been placed before this Court in furtherance of an order passed by the Hon'ble Chief Justice keeping in view the urgency pointed out by the learned counsel for the petitioners that the petitioners have secured marks higher than the unreserved candidates in preliminary examination but they are not being allowed to participate in the mains exam scheduled to be held on 02.02.2026.
2. Heard Shri Santosh Kumar Yadav Warsi Senior Advocate assisted by Shri Krishan Kanhaya Pal Advocate, the learned counsel for the petitioner, Shri Rahul Shukla, the learned Additional Chief Standing Counsel for the State of U.P. representing the opposite parties no.1, 2 and 3, Shri Ayush Chaudhary, the learned counsel for the opposite party no.4- State El
Candidates from reserved categories must prove non-reliance on eligibility relaxation to be adjusted against unreserved seats; participation without challenge limits claims.
Merit-based selection requires inclusion of qualified candidates from reserved categories in the unreserved list at the preliminary examination stage, ensuring compliance with equality and fairness p....
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
Merit must govern the selection of candidates across categories, allowing migration from reserved to open categories based on superior performance.
The court ruled that reserved category candidates who availed age relaxation cannot migrate to general category vacancies, ensuring adherence to equal treatment principles.
The main legal point established in the judgment is the permissibility of migration of reserved category candidates into the open category in the selection process, and the exercise of writ jurisdict....
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