DR. KHILENDRA SINGH S/O LATE MAHENDRA SINGH, KRISHI VIGYAN KENDRA Vs. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF AGRICULTURE, KRISHI BHAWAN,

JUDGEMENT

(1.) VIVEKANANDA Parvatiya Krishi Anusandhan Sansthan is a Government of India undertaking. This undertaking is situated within the State of Uttarakhand. Petitioner was a resident of Uttar Pradesh. He belonged to Jaat community. In accordance with the power granted by Article 16 of the Constitution of India, the State of Uttar Pradesh made appropriate laws and thereby provided reservation for Jaat community under the category of Other Backward Class. Petitioner was recognized by a competent authority of the State of Uttar Pradesh that he being a member of Jaat community of the said State is entitled in accordance with the law made by the State to the reservation earmarked for Other Backward Class community.

(2.) VIVEKANANDA Parvatiya Krishi Anusandhan Sansthan issued an advertisement for filling up certain posts and while doing so, indicated that there are vacancies available for candidates belonging to Other Backward Class community. Petitioner responded to the said advertisement. He was selected and then appointed in a post, which was reserved for Other Backward Class community. Subsequent thereto, Vivekananda Parvatiya Krishi Anusandhan Sansthan held out to the Petitioner that in the list of Backward Class communities maintained by the Central Government, Jaat community has not been shown as belonging to Other Backward Class community and, accordingly, Petitioner could not be appointed in a post available with Vivekananda Parvatiya Krishi Anusandhan Sansthan reserved for candidates belonging to Other Backward Class community. This has resulted in filing of the present writ petition.

(3.) AS aforesaid, Vivekananda Parvatiya Krishi Anusandhan Sansthan, an authority of the Central Government, is situated within the local territories of the State of Uttarakhand. In exercise of power granted by Article 16 of the Constitution of India, the State of Uttarakhand has also made appropriate laws for the purpose of identifying Backward Class communities and for providing reservation to members belonging to such communities. In the law thus made, the State of Uttarakhand has determined that Jaat community of the State belongs to Backward Class community who are entitled to reservation in respect of all and every public appointment in the State, be that of the State Government or of the Central Government.