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Vijay Kumar Pandey v. State Of U.P. And Others - WRIT - A No. 67169 of 2005 [2005] RD-AH 4650 (21 October 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Rakesh Tiwari ,J


         Heard Sri Ashok Khare, counsel for the petitioner,  the Standing counsel for respondent no. 1 and Sri P.P. Chaudhary, counsel for the respondent no. 5 at length.

        It is urged by Sri Ashok Khare that the posts for general candidates are being filled up by the candidates belonging to SC/ST and O.B.C in clear violation of provisions contained in U.P. Public Services (Reservation for Scheduled Caste/Scheduled Tribes and other Backward Classes) Act, 1994.

        Sri P.P. Chaudhary, counsel for the respondent no. 5 vehemently opposes grant of interim order at this stage on the ground that counter affidavit shall be filed by 7.11.2005 and in case no counter affidavit is filed by that day, the Court may decide the case on merits. Standing counsel has also joined this statement of Sri Chaudhary. The controversy involved in the instant petition is of general importance and requires detailed counter affidavit by the respondents  Sri P.P Chaudhary and the Standing counsel may file counter affidavit by 7.11.2005 after serving the same on counsel for the petitioner.

       Counsel for the petitioner undertakes to serve Dasti Summons on respondent nos. 2 to 4 for which steps may be taken within 48 hours, Service be effected on respondent nos. 2 to 4 within 3 days thereafter. They may also filed counter affidavit by 7.11.2005.

       The case is passed over today.  List on 7.11.2005 peremptorily as prayed by the counsel for the parties.  

Dt. 21.10.2205



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