LAWS(ALL)-2014-3-331

NAGENDRA NARAIN MISHRA Vs. STATE OF U P

Decided On March 05, 2014
Nagendra Narain Mishra Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) LIST revised. No one is present on behalf of the petitioner. Sri Ved Byas Mishra is present on behalf of the Respondent -University.

(2.) BY means of the present petition, petitioner is seeking the following reliefs: -

(3.) WE have perused the impugned advertisement No. 1/2010 dated 12.1.2010. We find that the advertisement treats the University as unit for the purpose of reservation, which is in clear violation of Article 16 of the Constitution of India and the law laid down by the Apex Court in the case of State of U.P. and others Vs. M.C. Chattopadhyaya and others, 2004 12 SCC 333. The decision of the Apex Court has been followed by the Division Bench of this Court in Writ Petition No. 53197 of 2006 ( Dr. Durga Prasad Yadva Vs. State of U.P. and others) and in the case of Vishwajeet Singh ( Dr.) and others Vs. State of U.P. and others, 2009 2 UPLBEC 1443. In the case of Vishwajeet Singh(Dr.) and others, the Division Bench of this Court has issued the following directions: -