ZULFIKAR ALI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Shailendra, learned counsel for the petitioner and learned Standing Counsel.

(2.) THE petitioner had earlier filed a writ petition before this Court bearing W.P.No.57195 of 2008, Zulfiqar Ali vs. State, being aggrieved by non selection in Special BTC Course,2006 as also by the manner in which the selection was held. The said writ petition was disposed of with a direction to the concerned authority to decide the petitioner's representation, In pursuance thereto, the Director of Education (Basic), U.P. Lucknow has passed the impugned order dated 3.2.2011 declining his claim on the ground that the training for Special BTC 2 years (Urdu Training Course, 2002) has come to an end. secondly, that the petitioner had secured 149.82 marks in his category whereas the last selected candidate of the said category had attained 152.85 marks; thirdly, it has been stated that 3 posts under the Male OBC category were vacant but the petitioner being placed at serial no.10 of the merit list could not be offered the same.

(3.) THE contention of Shri Shailendra is that while deciding the representation of the petitioner, the concerned authority has failed to consider the main grievance of the petitioner which was with regard to non -reshuffling of eligible OBC candidates to General Category posts. The contention is that reserved OBC category who had been selected in the said category were liable to be adjusted against the general category post if they had secured more than the minimum marks in the latter category and in that case further posts would be available, which according to the petitioner, would be 14 posts. Consequently, the petitioner would have been eligible for being offered the resultant vacant post in the OBC Category but as this was not done, therefore, the petitioner was arbitrarily denied a fair consideration in the selection process.