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Smt. Kalyani Devi v. State Of U.P. Thru' Secretary (Basic Education) U.P.& Others - SPECIAL APPEAL DEFECTIVE No. 202 of 2006  RD-AH 7262 (4 April 2006)
Special Appeal No.202 of 2006
Smt. Kalyani Devi
State of U.P. & Others
Hon'ble Ajoy Nath Ray, CJ.
Hon'ble Ashok Bhushan, J.
We are in respectful agreement with the reasoning given and the order passed by Hon'ble Mr. Justice A.P. Sahi on 14.2.2006.
The issue related to appointment of a Shiksha Mitra. By the first order, the appellant was preferred to the private respondent, but after reconsideration as per the writ Court's earlier order, the respondent was given preference. The appellant-writ petitioner submits that the first preference was correct and her reasoning is this.
In the Government Order bearing No.129 (1)/15-5-2000-282/98 dated 1.7.2000, it is provided as follows (See page 89 of the paper book before us):- (i) Out of the Shiksha Mitras in the School, 50% will be women; (ii) Where the Pradhan is of General Category/Scheduled Caste/Other Backward Class, the first post of Shiksha Mitra, shall go to a similarly classified person and (iii) If the first post is reserved, then the second post will be unreserved.
In the School in question the first reservation, following the caste of the Pradhan, had to be Other Backward Class.
One Smt. Vijay Laxmi, a lady, happened to fill three capacities at the same time, namely, she was an O.B.C., she was a woman and she was also the top of the merit list of O.B.C. and general category, everybody.
The contest between the appellant and the respondent was with regard to the second post.
If it is held that the first post being reserved for Other Backward Class, the reservation of women will not be given any effect if the Other Backward Class candidate also happens to be a lady, then the appellant's case is to be preferred.
On the other hand, if it is held that once a woman is appointed, whether OBC or not, the necessity for reservation of 50% for women is satisfied, then the respondent's case is to be preferred.
In these matters, construction of the Rule can be made in both ways. So, the wiser construction is to be preferred. It is a material fact that meritwise the respondent stood higher than the appellant. It is also a fact that in whatever manner, both the reservations, i.e., castewise and genderwise have been satisfied by Smt. Vijai Laxmi herself although she is only one person.
Generally speaking, if all reservation requirements are satisfied, then merit is to be preferred. The second reasoning is that generally, the law prefers an interpretation, which does not cause 100% reservation of the vacancies, this way or the other.
On these two general reasonings, the order of Hon'ble Mr. Justice A.P. Sahi is also to be, respectfully, preferred.
The appeal is therefore, dismissed.
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