RAJEEV KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) BY the Court.-The petitioner - appellant (hereinafter referred to as the 'appellant') has filed this appeal against the order of dismissal of the writ petition filed by him, wherein the prayer made by the appellant was to quash the final result dated 17th May, 2010 of the selections in relation to the posts of Police Constables in Uttar Pradesh Police. The contention raised by the appellant was rejected on the ground that the appellant, being a candidate of Other Backward Class, has secured lesser marks than the minimum cut-off marks fixed for the said category and, therefore, no relief can be granted.

(2.) SHRI Hari Om Khare, learned counsel for the appellant, submits that the learned Single Judge did not appreciate the controversy in correct perspective, inasmuch as the selections have been held by applying the provisions of vertical and horizontal reservations in a way that prejudices the candidature of the appellant as against the lesser meritorious candidates of the female category. He submits that, in order to accommodate female category candidates, results have been prepared in a way that contravenes the maximum permissible limit of 20 percent reservation for women category-wise, which aspect has been completely overlooked by the learned Single Judge and, hence, the impugned order is liable to be set aside and the writ petition deserves to.be allowed.

(3.) A rejoinder affidavit has been filed by the appellant contending that from the own showing of the respondents, 854 extra female candidates of Other Backward Class have been selected instead of 1890 as per the reservation provided thereby edging out meritorious candidates like the appellant. Learned counsel for the appellant has also invited the attention of the Court to paragraphs 7 and 9 of the judgment of the Supreme Court in the case of Rajesh Kumar Daria v. Rajasthan Public Service Commission and others, (2007) 8 SCC 785, which read as under :