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Kamlesh Kumar v. The State Of U.P. And Others - WRIT - A No. 23422 of 2007  RD-AH 9427 (17 May 2007)
Court No. 39
Civil Misc. Writ Petition No. 23422 of 2007
The State of U.P. and others
Hon'ble V.K. Shukla, J.
Petitioner, Kamlesh Kumar, has approached this Court, assailing the validity of decision dated 29.11.2006 taken by District Magistrate, Maharajganj, rejecting the representation of petitioner by holding that the post in question is reserved for OBC female category, as such petitioner falls outside the zone of consideration.
Brief background of the case, as disclosed in the writ petition, is that selection proceedings were undertaken for making selection and appointment on the two posts of Shikshamitra, which had been identified at Primary School Rampur Baldiha, Block Ghughali, District Maharajganj. At the point of time when selection proceedings were undertaken, the office of Pradhan was held by an incumbent from OBC category, as such as per the existing policy, the first post of Shikshamitra was reserved for OBC category candidate, and against the same one Janardan Prasad Gupta was selected, and the second post was offered to female candidate, Km. Anita Tripathi. Both the incumbents joined the posts and started performing and discharging duties. Thereafter, Janardan Prasad Gupta tendered his resignation on account of his having been selected and appointed at Assistant Teacher at Shivjapat Inter College, Bhatauli Bazar, Mahrajganj. Consequently one post of Shikshamitra fell vacant. By the time post of Shikshamitra fell vacant, fresh election of Gram Panchayat had taken place and this time post of Pradhan was held by an incumbent from OBC female category, as such the vacant post of Shikshamitra stood reserved for OBC female category candidate, as such claim of petitioner was not considered, and in this background, petitioner had earlier preferred writ petition No.58041 of 2006, which was disposed of with direction to the District Magistrate to consider and decide the matter. Thereafter, matter has been decided.
Sri A.P. Tiwari, learned counsel for petitioner, contended with vehemence that in the present case, the view, which has been taken by the District Magistrate, is totally erroneous view, inasmuch as, in case such view is permitted to stand, then the net effect of the same would be that there is cent percent reservation in favour of women, as such the view is erroneous and illegal and deserves to be quashed.
Learned Standing Counsel as well as Sri V.K. Singh, Sri B.P. Singh, Advocates, appearing from the side of respondents, on the other hand, contended that the view, which has been taken, is strictly in consonance with the policy decision, as such no interference is warranted.
After respective arguments have been advanced, the factual position which emerges is to the effect that under Sarva Shiksha Abhiyan Policy, appointment of Shikshamitra is to be made, and as per the said policy, reservation has to be adhered in context of the reservation of the office of Pradhan of the Gram Panchayat. 50% of the total number of the vacancies is to be reserved for female category. Two posts of Shikshamitra, had been identified at Primary School Rampur Baldiha, Block Ghughali, District Maharajganj. As the office of Pradhan was held by an incumbent from OBC category, as such, the first post of Shikshamitra was reserved for OBC category candidate, and against the same Janardan Prasad Gupta was selected, and the second post was offered to female candidate, Km. Anita Tripathi. Janardan Prasad Gupta tendered his resignation on account of having been selected and appointed at Assistant Teacher at Shivjapat Inter College, Bhatauli Bazar, Mahrajganj. Consequently first identified post of Shikshamitra as per policy which fell vacant, went in favour of OBC female category candidate, as by this time post of Pradhan was held by an incumbent from OBC female category, as such claim of petitioner was not considered, as this post in all eventuality has to be offered to a candidate from OBC female category candidate. Thus, it cannot be said that there is cent per cent reservation, inasmuch as, under the relevant policy 50% has to be given to female candidates, and there is no prohibition under the relevant policy that against unreserved post female candidates cannot be appointed. Thus, seeing the nature of policy and the fact that selection has been made strictly in consonance with the said policy, the view taken by the district Magistrate cannot be said to be erroneous view.
Consequently, writ petition lacks substance and the same is dismissed.
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