KAPIL SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This application is filed seeking review of the order passed by us in Writ Petition (S/B) No. 189 of 2018 dtd. 12/4/2019. The review applicant herein had filed the said writ petition claiming reservation under the category of dependents of Freedom Fighters for appointment to the post of Assistant Professor (Shalya Tantra).

(2.) 63 posts of Assistant Professors were advertised in 23 different departments of the respondent-University, and applications were invited from eligible candidates. The review applicant was eligible to be considered for appointment only to the post of Assistant Professor (Shalya Tantra), for which 05 posts were advertised. Of these five posts, 01 post was in the General category, 01 was reserved in favour of the Other Backward Classes, 02 were reserved in favour of the Scheduled Castes category, and 01 was reserved in favour of the Scheduled Tribes category. The review applicant belonged to the General category. Eligible candidates were called for interview in the ratio of 1:5, i.e. for the sole post of Assistant Professor (Shalya Tantra) in the General category, the five most meritorious candidates were called for interview. The review applicant stood at serial no. 19 in the merit list of candidates, in the General category, being considered for appointment to the post of Assistant Professor (Shalya Tantra) and was, therefore, not called for interview.

(3.) We had, in the order under review, noted the contentions of Mr. K.P. Upadhyay, learned counsel for the review applicant, that a separate list of dependents of Freedom Fighters should have been prepared, and appointment to the posts of Assistant Professors should have been made strictly in the order of merit from among those candidates whose names were found in the list of dependents of Freedom Fighters, irrespective of whether or not a candidate in the said list was eligible to be considered for appointment to the post of Assistant Professor in that particular department.