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2014 Supreme(All) 1022

D. Y. CHANDRACHUD, DILIP GUPTA
RAJ KUMAR VERMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.S. Kushwaha for the Petitioner; C.S.C. and Shiv Nath Singh for the Respondents.

JUDGMENT

By the Court.—The Uttar Pradesh Secondary Education Services Selection Board (‘Board’) issued an advertisement for direct recruitment to the post of Head of Government aided private Inter Colleges and High Schools. The petitioner applied for the post of Principal for Gorakhpur Region. It has been averred that no date for interview has been fixed thus far.

2. The grievance of the petitioner is that in consequence of the provisions of Section 10 (1) of the U.P. Secondary Education Services Selection Board Act, 1982, no reservation has been provided in respect of the post of the Head of the Institution to candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes in accordance with the provisions of the U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994. The petitioner challenges the provisions of Section 10 (1) of the Act of 1982 as unconstitutional. In consequence, the petitioner seeks to challenge the advertisement of 2013 as well as an earlier advertisement of 2011 issued by the Board and seeks a mandamus for issuance of a fresh advertisement after providing for reservation.

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