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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
| Table of Content |
|---|
| 1. petitioners seek participation in mains exam despite category. (Para 1 , 3 , 5) |
| 2. arguments on eligibility based on cut-off marks. (Para 6 , 8 , 11 , 12) |
| 3. conditions in advertisement restrict adjustments in seats. (Para 10 , 18 , 22) |
| 4. court analyzes the urgency for interim relief. (Para 13 , 16 , 20 , 23) |
| 5. legal interpretation of candidate eligibility in selection. (Para 17 , 24 , 25 , 26) |
| 6. discussion on validity of office memorandum and policy-making. (Para 27 , 30 , 32) |
| 7. interim relief application rejected; no case made out. (Para 34 , 36 , 37) |
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the opposite parties placed reliance upon the office memorandum dated 09.01.2020 whereupon Writ-A No.13466 of 2025 was withdrawn by the petitioner on 30.01.2026, with liberty to file a fresh petition.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 th
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.
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