JAY PRAKASH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The Mahatma Gandhi Kashi Vidyapith University, Varanasi is a State University governed by the provisions of the U.P. State Universities Act, 1973. The University published an advertisement No. 1 of 2009 dated 14th February, 2009 inviting applications for appointment on two posts of Lecturers, in Sociology reserved for the persons belonging to Other Backward Class (OBC). The Petitioner applied for appointment. He was called for interview and was empaneled at Sl. No. 3. Dr. Arun Kumar Singh and Dr. Saumya Yadav empaneled at Sl. Nos. 1 and 2, were appointed and have joined on 29th July, 2009.

(2.) By this writ petition the Petitioner has challenged the selection of Dr. Arun Kumar Singh-Respondent No. 5 as Lecturer in Sociology in OBC category on the ground that he falls in 'creamy layer', and is to be excluded from selection in the reserved category. Dr. Raj Bahadur Singh Verma, the father of Dr. Arun Kumar Singh is Professor in Lucknow University and was at one time the Head of the Department in Lucknow University.

(3.) We have heard Shri P.S. Baghel, learned Senior Counsel assisted by Shri Ashwini Singh for the Petitioner. Shri Anil Tiwari appears for the Mahatam Gandhi Kashi Vidyapith, Varanasi, Shri Ahsok Khare, learned Senior Counsel assisted by Shri Rajendra Kumar Yadav appears for Dr. Arun Kumar Singh-Respondent No. 5.