SANJEEV YADAV Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Sri Ajay Bhanot, Sri Mohit Singh, Sri Padmesh Jain for the appellant. Learned Standing Counsel appears for State respondents. Sri Sdiddharath Khare appears for respondent No. 5 - Sri Jai Karan Patel.

(2.) THE facts in brief given in the judgement of the learned Single Judge are as follows:

(3.) LEARNED Single Judge has relied on a Constitution Bench judgment of the Supreme Court in Action Committee on issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and another Vs. Union of India and another, 1994 5 SCC 244, in which the Supreme Court has considered the opinion expressed in Marri Chandra Shekhar Rao Vs. Dean, Seth G.S. Medical College, 1990 3 SCC 130, and has held that even if the appellant belongs to same Caste, which is also notified in the State of U.P., since he was not a domicile of the State of U.P, and that the Caste Certificate was issued by the State of Madhya Pradesh, he was not entitled to the benefit of reservation for Other Backward Class in the State of U.P.