ONKAR NATH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and perused the record.

(2.) THE writ petition is directed challenging advertisement dated 13.07.2007 published by Board of Revenue, U.P., Lucknow advertising three vacancies of Drivers reserved for Other Backward Class (hereinafter referred to as the "OBC") candidates on the ground that against sanctioned strength of 19 posts of Drivers, in Board of Revenue, four are already filled in by OBC category candidates, hence three vacancies can not be available otherwise it will exceed 27% quota reserved for OBC under Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (hereinafter referred to as the "Act, 1994"). The impugned advertisement advertising more than one vacancy reserved for OBC candidates is, therefore, patently illegal.

(3.) THE respondents in counter affidavit have given details of candidates working on the post of Driver. In para 11 it is pointed out that only Mohd. Aslam and Israr Miyan are two candidates, belong to OBC, while Nawal Kishore Kushwaha belongs to Scheduled Caste category and Mohd. Shakir -II has been selected in general category and that is how three vacancies have been notified in OBC category.