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Prashant Kumar v. State of U.P. & Others - WRIT - A No. 20476 of 2001  RD-AH 6 (20 March 2002)
W.P. 20476 of 2002
Hon. M. Katju, J.
Hon. R. Tiwari, J.
The question involved in this case is whether the petitioner can claim
benefit of the provisions contained in U.P. Public Services (Reservation for
Scheduled castes, Scheduled Tribes & Other Back ward classes) Act, 1994 in
the combined state/subordinate services Examination-2000. the petitioner claims
that since the community Jaat has been notified as an other Backward class on
10.3.2000 he can and should be given the benefit of the provisions of section-3
read with section-4 of the Act of appearing at the main Examination for the
aforesaid recruitment. The Jat community was declared as OBC on 10.3.2000
and the preliminary Examination was held in May, 2000. A Division Bench in writ
petition No. 23193 of 2000, Km. Amrita Singh & others Vs. State and another
decided on 7.5.2001 (vide Annexure 5 to the petition) held that the petitioner is
entitled to the benefit of being treated as OBC. Since preliminary and main
examination was held after the Jat community was declared as OBC, hence in
view of Section-15 of the U.P. Act No. 4 of 1994 aforesaid the petitioner is
entitled to be treated as OBC.
However, in another Division Bench decision in writ petition no. 6250
(M/B) of 2000 Pramod Kumar & another Vs. State & Ors. Decided on 26.3.2001 it
was held that at the time of the Advertisement the petitioner was not declared as
OBC and in the form filled up by him he did not claim the benefit of being treated
as OBC but he was permitted to appear in the said examination. It appears that
there is a conflict in these two Division Bench decisions and hence we are of the
opinion that the matter should be decided by a full Bench.
Let the papers of this case be placed before the Hon'ble the Chief Justice
for constituting a full bench to reconcile the aforesaid Division Bench decisions.
In the meantime, one post of S.D.M. shall be kept vacant.
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