Court No. - 29 Case :- WRIT - A No. - 41409 of 2010 Petitioner :- Narendra Kumar Rai Respondent :- State Of U.P. And Others Petitioner Counsel :- Ram Gopal Tripathi Respondent Counsel :- C. S. C.,Gautam Baghel,Pushpendra Singh Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
Shri P.S. Baghel, learned counsel for the petitioner, after seeking
instructions from the U.P. Public Service Commission, U.P., states
that for the Combined State Upper Subordinate Services
Examination, 2005 out of 42 posts of Naib Tehsildar 7 were
reserved for general category, 11 for SC, 1 for ST and 23 for OBC.
These allocations were made in accordance with the roaster, as all
these vacancies had arisen on promotion of Naib Tehsildar to
Tehsildar vide Government’s letter dated 6.2.2008. He further
submits that according to the Government Order dated 26th
February, 1999, 20% reservation is given to women in the
selection and thus 5 women candidates were placed in general
category and 2 general category posts were filled up for ex-
serviceman. He would submit that the Commission selected 20%
women and adjusted in their own category.
Learned counsel for the petitioner would submit that all the 7
candidates in the general category of Naib Tehsildar post have
secured less marks than him. He states that horizontal reservation
for women is to be given in their own categories as interlocking
reservation vide para 95, Indra Sawhney Vs. Union of India,
AIR 1993 SC 477, i.e. the vertical reservation for SC, ST and
OBC. It is not that first 20% women have to be identified and then
adjusted in any category. The 20% reservation for women has to
be worked out in respect of each of their categories and, not by
clubbing all the vacancies.
Let further clarification be made in the matter by the Commission.
Put up this matter on 3rd August, 2010 as unlisted.
A copy of this order will be given to Shri Gautam Baghel.
Order Date :- 26.7.2010
SP/