Read on the application
The Allahabad High Court has ordered the Uttar Pradesh Public Service Commission to grant appointment to a candidate who was denied appointment due to wrongful implementation of reservation. The court also directed to grant all consequential benefits and seniority benefits to the petitioner. Accepting the plea of Ajay Kumar, Justice Kshitij Shailendra has given this order. Senior advocate Anil Tiwari and advocate Dharmendra Shukla argued for the petitioner who got justice after an 18-year legal battle.
According to the facts of the case, the Public Service Commission issued an advertisement for the recruitment of 14 posts of Assistant Registrar in the year 2000. Its selection list was released in 2004. The commission released a shortlist containing 20 per cent horizontal reservation for women, with two women selected in the general category. The petitioner challenged it in the High Court.
It was said that the Commission has wrongly implemented the reservation as out of the 14 posts advertised, seven posts are reserved for the general category. Rounding it off leaves only one post for women. However, the commission appointed women to two posts by adopting a wrong method. Senior advocate Anil Tiwari, appearing for the petitioner, said that the petitioner being at the top of the waiting list, he could have got appointment if this wrongful reservation had not been applied. Senior Advocate Anil Tiwari and Advocate Dharmendra Shukla presented the example of the Saurabh Yadav case decided by the Supreme Court and said that in this case the Supreme Court has decided the horizontal after considering all the decisions given by the High Court in this regard. Reservation will be given according to class. Accepting the petition, the High Court directed the petitioner Ajay Kumar to be appointed to the vacant post of Assistant Registrar. Let it be known that the applicant Ajay Kumar is working on the post of Senior Audit Officer in Accountant General Office, Lucknow.
Instructions to determine eligibility for appointment while applying in compassionate quota
Prayagraj. The Allahabad High Court has quashed the BSA Bareilly order refusing appointment to the dependent quota of the deceased on the ground that he did not have the minimum qualifications for appointment to a Class III post on the date of death. It is directed to consider and decide the matter within two months on the basis of eligibility for appointment to Class III posts on the date of application. Accepting Abhishek Singh’s plea, Justice Manjeev Shukla has given this order. Petitioner’s advocate Anurag Shukla said that the order denying the appointment of BSA should be quashed as it was contrary to the court’s decision.