LAWS(ALL)-2023-4-35

ARTI SANGHI Vs. STATE OF U.P.

Decided On April 26, 2023
Arti Sanghi Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri Lalta Prasad Mishra, Advocate assisted by Shri Praful Tiwari, learned Counsel for the petitioner, Shri Sandeep Sharma, learned Standing Counsel for the State-respondents and Shri Ravi Shanker Tiwari, learned Counsel for Uttar Pradesh Public Service Commission.

(2.) The present petition under 226 of the Constitution of India has been filed, whereby the Advertisement No.02/2020-21 dtd. 24/9/2020 issued by Uttar Pradesh Public Service Commission (hereinafter referred to as "U.P.P.S.C.") Prayagraj, for filling up 130 posts of Lecturer in nine Government Homeopathic Medical Colleges in twelve different subjects/disciplines has been sought to be quashed.

(3.) The controversy involved in this petition pertains to narrow compass i.e. whether the reservation is to be applied department wise or subjectwise treating it as a unit, and whether clubbing of the posts of Lecturers of each subject/discipline of twelve subjects/disciplines sanctioned in nine Government Homeopathic Medical Colleges of Uttar Pradesh is against the statutory prescription and constitutional mandate or whether a college has to be taken as a unit for reservation or all the colleges cumulatively constitute a unit for application of policy of reservation.