Basic Vibhag ne Yachee ko Yeh Kehkar Freedom Fighter Kote
mein Nokri Dene Se Mana Kar Deeya ki Sirf Putra Uttradhikar System Hee
Freedom Fighter Kote par Lag Hai, Lakin Ab Mahilaon ko Bhee Petrak
Sampatti Va Anya Labh Hasil Hain,
Yachee ne Division Bench ke Fesle ko Jisme Mahila Uttradhikar ko Bhee Freedom Fighter Kote ka Labh Deeya Gaya hai, ko Court ke saamne Rakha, Aur Court ne Uskee baat maan lee
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 42
Case :- WRIT - A No. - 54551 of 2014
Petitioner :- Alok Tripathi
Respondent :- State Of U.P. And 4 Ors
Counsel for Petitioner :- Satyendra Narayan Singh,Shiv Prakash Tiwari
Counsel for Respondent :- C.S.C., Sunil Kumar Singh
Hon'ble Manoj Kumar Gupta,J.
Heard learned counsel for the petitioner and the learned standing counsel appearing on behalf of the State-Respondents.
The writ petition has been filed, inter alia, for the following reliefs :-
1. Issue a writ order or direction in the nature of mandamus commanding the respondents to extend the benefit of reservation to the petitioner under the Dependent of Freedom Fighter quota.
2. Issue a writ order, or direction in the nature of mandamus directing respondent to allow the petitioner to appear in the counselling of Teacher's Training of Primary school of U.P. Basic Shiksha Parishad considering the merit list under category of dependent of freedom fighter quota.
The petitioner had applied for selection as a trainee teacher in the primary schools, run by the Basic Shiksha Parishad, pursuant to an advertisement issued in the year 2011. According to the advertisement, the reservation policy of the State Government shall apply to the selection. The case of the petitioner is that his mother Smt. Kusum Devi is the daughter of Sri Ram Krishna Shukla, who was a freedom fighter. It is submitted that in view of the above, the petitioner was entitled to his candidature being considered under the category of the descendant of a freedom fighter. However, the said benefit was being denied to him on the ground that it is only the male lineal descendants of a freedom fighter, who will get the said benefit and not the descendent of a daughter. In this regard, reliance has been placed on a Division Bench judgement of this Court in Isha Tyagi v. State of U.P. and others1 wherein this Court has held that even the children of the daughter of a freedom fighter would be entitled to the benefit of the horizontal reservation.
At the time when the writ petition was entertained, an interim order dated 13.10.2014 was passed whereby, the respondents were directed to extend the benefit of being a descendant of a freedom fighter, to the petitioner, though it was made subject to the final decision of the writ petition.
The petitioner has now filed a supplementary affidavit in which it is stated that the petitioner had appeared in the counselling in district Kaushambi and wherein he was also selected but his result is not being declared in view of the fact that the benefit extended to the petitioner by interim order dated 13.10.2014, was made subject to the decision of the writ petition. Sri S.N. Singh, counsel for the petitioner informs the Court that the petitioner had also appeared in the counselling from district Allahabad, he was also selected, but his result has not been declared so far.
Sri A.K. Yadav, learned standing counsel appearing on behalf of the State-Respondents does not dispute the legal position that even a daughter's son of a freedom fighter would be entitled to the benefit of horizontal reservation as per the decision of this Court in the case of Isha Tyagi (supra).
Such being the legal position, this writ petition is disposed of with the clarification that the benefit of being a descendant of a freedom fighter, shall not be denied to the petitioner merely for the reason that he is a daughter's son, of a freedom fighter, and not a male lineal descendant. However, whether the petitioner is truly a descendant of a freedom fighter or not, including such other factors, as would be necessary to admit of such claim, are matters for the authorities to verify.
Subject to the aforesaid observations/directions, writ petition stands disposed of.
(Manoj Kumar Gupta, J.)
Order Date :- 20.5.2015
skv
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Yachee ne Division Bench ke Fesle ko Jisme Mahila Uttradhikar ko Bhee Freedom Fighter Kote ka Labh Deeya Gaya hai, ko Court ke saamne Rakha, Aur Court ne Uskee baat maan lee
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 42
Case :- WRIT - A No. - 54551 of 2014
Petitioner :- Alok Tripathi
Respondent :- State Of U.P. And 4 Ors
Counsel for Petitioner :- Satyendra Narayan Singh,Shiv Prakash Tiwari
Counsel for Respondent :- C.S.C., Sunil Kumar Singh
Hon'ble Manoj Kumar Gupta,J.
Heard learned counsel for the petitioner and the learned standing counsel appearing on behalf of the State-Respondents.
The writ petition has been filed, inter alia, for the following reliefs :-
1. Issue a writ order or direction in the nature of mandamus commanding the respondents to extend the benefit of reservation to the petitioner under the Dependent of Freedom Fighter quota.
2. Issue a writ order, or direction in the nature of mandamus directing respondent to allow the petitioner to appear in the counselling of Teacher's Training of Primary school of U.P. Basic Shiksha Parishad considering the merit list under category of dependent of freedom fighter quota.
The petitioner had applied for selection as a trainee teacher in the primary schools, run by the Basic Shiksha Parishad, pursuant to an advertisement issued in the year 2011. According to the advertisement, the reservation policy of the State Government shall apply to the selection. The case of the petitioner is that his mother Smt. Kusum Devi is the daughter of Sri Ram Krishna Shukla, who was a freedom fighter. It is submitted that in view of the above, the petitioner was entitled to his candidature being considered under the category of the descendant of a freedom fighter. However, the said benefit was being denied to him on the ground that it is only the male lineal descendants of a freedom fighter, who will get the said benefit and not the descendent of a daughter. In this regard, reliance has been placed on a Division Bench judgement of this Court in Isha Tyagi v. State of U.P. and others1 wherein this Court has held that even the children of the daughter of a freedom fighter would be entitled to the benefit of the horizontal reservation.
At the time when the writ petition was entertained, an interim order dated 13.10.2014 was passed whereby, the respondents were directed to extend the benefit of being a descendant of a freedom fighter, to the petitioner, though it was made subject to the final decision of the writ petition.
The petitioner has now filed a supplementary affidavit in which it is stated that the petitioner had appeared in the counselling in district Kaushambi and wherein he was also selected but his result is not being declared in view of the fact that the benefit extended to the petitioner by interim order dated 13.10.2014, was made subject to the decision of the writ petition. Sri S.N. Singh, counsel for the petitioner informs the Court that the petitioner had also appeared in the counselling from district Allahabad, he was also selected, but his result has not been declared so far.
Sri A.K. Yadav, learned standing counsel appearing on behalf of the State-Respondents does not dispute the legal position that even a daughter's son of a freedom fighter would be entitled to the benefit of horizontal reservation as per the decision of this Court in the case of Isha Tyagi (supra).
Such being the legal position, this writ petition is disposed of with the clarification that the benefit of being a descendant of a freedom fighter, shall not be denied to the petitioner merely for the reason that he is a daughter's son, of a freedom fighter, and not a male lineal descendant. However, whether the petitioner is truly a descendant of a freedom fighter or not, including such other factors, as would be necessary to admit of such claim, are matters for the authorities to verify.
Subject to the aforesaid observations/directions, writ petition stands disposed of.
(Manoj Kumar Gupta, J.)
Order Date :- 20.5.2015
skv
सरकारी नौकरी - Government of India Jobs Originally published for http://e-sarkarinaukriblog.blogspot.com/ Submit & verify Email for Latest Free Jobs Alerts Subscribe सरकारी नौकरी - Government Jobs - Current Opening All Exams Preparations , Strategy , Books , Witten test , Interview , How to Prepare & other details