PRAVEEN KUMAR SARAF Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for issuing a direction to the respondent authorities to appoint the petitioner in Uttar Pradesh Higher Judicial Service, giving the benefit of reservation of 'Other Backward Class' category (in short 'OBCs) and not to appoint the respondents no. 6 and 7 in that category as the petitioner stood higher in merit than the said respondents.

(2.) The facts and circumstances giving rise to this case are that an advertisement dated 09.06.1996 was published for recruitment on 19 posts in the Uttar Pradesh Higher Judicial Services for the years 1992-94. Petitioner, who is a resident of Madhya Pradesh, applied in pursuance of the said advertisement, claiming the benefit of the reservation for OBCs. However, the respondents refused to consider him in the said category for the reason that he fell in the creamy layer in spite of the fact that he had been given the certificate by the Statutory Authority of the State of Madhya Pradesh that he did not fall within the creamy layer. The respondents did not accord him the said benefit of reservation, rather appointed respondents no. 6 and 7 in that category. Hence the present petition.

(3.) Shri Ram Niwas Singh, learned Counsel appearing for the petitioner has submitted that once the certificate has been issued by the Statutory Authority in Madhya Pradesh that the petitioner did not belong to creamy layer, there was no occasion for the respondent authorities not to give him the benefit of reservation in OBC category and to appoint respondents no.6 and 7 who were lower than the petitioner in merit, therefore, their appointments should be quashed and the petitioner should be appointed.