Court No. - 22 Case :- SERVICE SINGLE No. - 3302 of 2009 Petitioner :- Anil Kumar S/O Hausila Prasad Respondent :- State Of U.P. Thru Secy. Higher Education & Others Petitioner Counsel :- P.L. Gupta Respondent Counsel :- C.S.C.,Anoop Kr. Srivastava Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
Learned counsel for the petitioner relied upon a Full Bench decision of this
Court passed in Civil Misc. Writ Petition No.51617 of 2009 (Allahabad)
Heera Lal Vs. State of U.P.and others decided on 9.7.2010 and according to
the aforesaid Full Bench decision if the posts are less than 04 then reservation
in respect of SC category will not apply. In case the appointment has been
disapproved only on the aforesaid ground then it is bad in law. No other
illegality has been pointed out in the process of selection.
Considering the dictum of the aforesaid Full Bench decision, the petitioner’s
disapproval appears to be , prima facie, illegal.
In this view of the matter, the operation of the impugned order dated
22.11.2008, cotnained in Annexure no.1 to the writ petition, shall remain
stayed and the petitioner shall be paid his salary regularly.
Order Date :- 3.8.2010
BLY