ARCHANA DEVI Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) The petitioner belongs to the Other Backward Classes (in short "OBC") community i.e. "Saini" and was a candidate for the post of Auxiliary Nurse Midwife (in short "ANM), for which the Government of Uttarakhand had advertised 440 vacancies on 15.03.2016. Out of 440 posts, 163 posts have to be filled by OBC candidates.

(2.) The contention of the petitioner is that advertisement for the said vacancies is of 15.03.2016 and the last date of submission of application form is 10.04.2016. After the cut-off date i.e. 10.04.2016, the State Government has come up with a notification, which is published under the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, which is presently applicable in the State of Uttarakhand on 20.05.2016, by which the "Fikwal" community of Pratap Nagar, District Tehri Garhwal, Uttarakhand has been declared as OBC community. The notification to this effect has come only on 11.06.2016. Hence, the contention of the petitioner would be that the effective date when the Fikwal community has been declared as an OBC would be 11.06.2016.

(3.) Certain communities have been declared as OBC community under the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, which have been given in Schedule I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, which is applicable in the State of Uttarakhand. The powers have further been given to the State Government under Section 13 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 to amend the Schedules. Section 13 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 Act reads as under:-