APPEAL DISMISSED AGAINST FEMALE RESERVATION
168/2015
Court No. - 10
Case :- SPECIAL APPEAL No. - 168 of 2015
Appellant :- Suryakant And 6 Others
Respondent :- State Of U.P. And 11 Others
Counsel for Appellant :- Agnihotri Kumar Tripathi,Anil Singh Bishen
Counsel for Respondent :- C.S.C.,Ashok Kumar Singh,U.S. Upadhyay
Hon'ble Arun Tandon,J.
Hon'ble Shamsher Bahadur Singh,J.
The petitioners-appellants challenges the order of Hon'ble Single Judge dated 26.02.2015 passed in Writ Petition No.11544 of 2015. Hon'ble Single Judge has recorded that petitioners had participated in the process of selection in terms of the advertisement published on 20.12.2011. The advertisement contained a stipulation that 50 per cent of total advertised posts shall remain reserved for female candidate and that a separate merit list shall be prepared in respect of them. It has further been recorded that process of selection for 72825 posts of Assistant Teachers is over, and petitioners have now approached this Court with the prayer that reservation provided in favour of female category candidate was bad and there could not have been separate merit list for female candidates.
Hon'ble Single Judge has recorded that challenge to the conditions of advertisement after such a long period, when the petitioners have participated in the selection without protest, need not be entertained.
We do not find any infirmity in the judgment of the Hon'ble Single Judge.
Moreover, under Article 15(3) of the Constitution of India, the State has been granted power to make special provision for women and children notwithstanding the prohibition contained in Article 15(1) and (2) of the Constitution. Meaning thereby, that there can always be a reservation in favour of a female category candidate by the State Government.
The terms and conditions of the advertisement, were made known to the petitioners in the year 2011, which provided 50 per cent seats to be reserved for female category candidate and for a separate merit list for the women.
The petitioners participated in the selection process by with open eyes. The result of the selection was declared much earlier.
We see no reason to take a different view, vis-a-viz that has been taken by Hon'ble Single Judge for the reasons recorded in the order of Hon'ble Single Judge as well as for the reasons recorded by us, as above.
The appeal is dismissed.
Order Date :- 20.3.2015
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168/2015
Court No. - 10
Case :- SPECIAL APPEAL No. - 168 of 2015
Appellant :- Suryakant And 6 Others
Respondent :- State Of U.P. And 11 Others
Counsel for Appellant :- Agnihotri Kumar Tripathi,Anil Singh Bishen
Counsel for Respondent :- C.S.C.,Ashok Kumar Singh,U.S. Upadhyay
Hon'ble Arun Tandon,J.
Hon'ble Shamsher Bahadur Singh,J.
The petitioners-appellants challenges the order of Hon'ble Single Judge dated 26.02.2015 passed in Writ Petition No.11544 of 2015. Hon'ble Single Judge has recorded that petitioners had participated in the process of selection in terms of the advertisement published on 20.12.2011. The advertisement contained a stipulation that 50 per cent of total advertised posts shall remain reserved for female candidate and that a separate merit list shall be prepared in respect of them. It has further been recorded that process of selection for 72825 posts of Assistant Teachers is over, and petitioners have now approached this Court with the prayer that reservation provided in favour of female category candidate was bad and there could not have been separate merit list for female candidates.
Hon'ble Single Judge has recorded that challenge to the conditions of advertisement after such a long period, when the petitioners have participated in the selection without protest, need not be entertained.
We do not find any infirmity in the judgment of the Hon'ble Single Judge.
Moreover, under Article 15(3) of the Constitution of India, the State has been granted power to make special provision for women and children notwithstanding the prohibition contained in Article 15(1) and (2) of the Constitution. Meaning thereby, that there can always be a reservation in favour of a female category candidate by the State Government.
The terms and conditions of the advertisement, were made known to the petitioners in the year 2011, which provided 50 per cent seats to be reserved for female category candidate and for a separate merit list for the women.
The petitioners participated in the selection process by with open eyes. The result of the selection was declared much earlier.
We see no reason to take a different view, vis-a-viz that has been taken by Hon'ble Single Judge for the reasons recorded in the order of Hon'ble Single Judge as well as for the reasons recorded by us, as above.
The appeal is dismissed.
Order Date :- 20.3.2015
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