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Poojan Kumar Prajapati v. State Of U.P. And Others - WRIT - A No. 24550 of 2007  RD-AH 9922 (23 May 2007)
Court No. 39
Civil Misc. Writ Petition No. 24550 of 2007
Poojan Kumar Prajapati
State of U.P. and others
Hon'ble V.K. Shukla, J.
Two posts of Shikshamitra were identified for primary school Pakri Brijlala, Block Khadda, District Kushinagar. Petitioner, along with others applied for consideration of his claim. Gram Pradhan of the village was from general female category. First post of Shikshamitra as such was accepted as unreserved and second po0st reserved for female category. Selection proceedings were undertaken for selection and appointment of Shikshamitra, and in the said selection proceedings merit status of Km Anjana Singh was the highest with 63.66% marks, and accordingly second post of Shikshamitra was offered to her and first post was offered to petitioner. Thereafter, one Smt. Sunaina Devi preferred writ petition No.24530 of 2006 before this Court, and this Court on 22.05.2006 asked the District Magistrate to decide the matter. District Magistrate, thereafter proceeded to decide the matter and found that Smt. Sunaina Devi was having certificate of Anudeshak, as such she was entitled for preference. In this backdrop, order has been passed appointing Smt. Sunaina Devi on the first post of Shikshamitra and against second post of Shikshamitra, Km. Anjana Singh has been adjusted. At this juncture, present writ petition has been field.
Sri N.K. Sharma, Advocate, Learned counsel for petitioner, contended with vehemence that on account of order passed by District Magistrate, Kushinagar, by offering both the posts of Shikshamitra to female candidates, cent per cent reservation has been done in favour of female category candidates.
Sri R.K. Srivastava and Sri V.K. Singh, Advocates, as well as Learned Standing Counsel, on the other hand, contended that the action which has been taken, is strictly in consonance with the policy framed and formulated, and the claim of petitioner has been rightly non-suited.
After respective arguments have been advanced, the factual position which emerges is to the effect that out of two posts of Shikshamitra first post was treated as unreserved and second post reserved for female category. Second post of was offered to Km. Anjana Singh, as she was having the highest merit with 63.66% marks and first post was offered to petitioner. On writ petition being preferred by Smt. Sunaina Devi before this Court, her claim was directed to be decided by District Magistrate. District Magistrate, thereafter proceeded to decide the matter and found that Smt. Sunaina Devi was having certificate of Anudeshak, as such she was entitled for preference. In this backdrop, order has been passed appointing Smt. Sunaina Devi on the first post of Shikshamitra and against second post of Shikshamitra, Km. Anjana Singh has been adjusted. In the present case first post was unreserved and second post was reserved for female category candidate, on account of the fact that Pradhan of the village was from general category Anudeshaks have preference in the matter of selection and appointment. Under the Scheme of Shikshamitra, the first post is to be reserved, as per the reservation made under U.P. Panchayat Raj Act, 1947, and in case there are more than one post of Shikshamitra, then fifty per cent of the vacancies will have to go female category candidates. "Unreserved", in itself, implicits, both male and female, to be treated equally, without there being any discrimination, on ground of sex. On re-examination of matter, as Anudeshaks are entitled for preference, first post has been offered to Smt. Sunaina Devi, who was having Anudeshak Certificate. This is mere chance that Anudeshak is from female category, against second post a female candidate having better claim/merit than the petitioner (male candidate) has been offered appointment. In this background, it has been, it cannot be inferred that there has been cent per cent reservation. It is nowhere prohibited under law that against open seat, a candidate belonging to reserved category, has no right to be offered appointment, even if he/she is having better claim. In this view of the matter, claim of petitioner has been rightly non-suited.
Consequently, writ petition lacks substance and is dismissed.
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