KHAMAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Ashok Khare, learned Senior Counsel, for the Petitioner, Sri A.K. Yadav for the respondent No. 2 and learned Standing Counsel for the respondent No. 1.

(2.) THE prayer in this Writ Petition is for a direction to the respondent No. 2 to declare the result of the petitioner, who claims himself to be duly selected for appointment as an Assistant Teacher in L.T. Grade (Physical Education) under the category of ex -serviceman pursuant to the Advertisement No. 1 of 2004. The petitioner contends that his result are not being declared on the ground that the petitioner does not qualify within the definition of the words ex -serviceman as contained in The Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex -Servicemen) Act, 1993 in short U.P. Act No. 4 of 1993 referred to hereinafter.

(3.) SRI Khare, learned Counsel for the petitioner, submitted that the defence authorities have given No Objection Certificate in favour of the petitioner before his actual discharge allowing him to take any civil employment and has also relied on the judgment of a learned Single Judge of this Court in Writ Petition No. 35684 of 2004, Annexure -15 to the writ petition, for the proposition that the petitioner was entitled to apply for a civil post and that his selection cannot be withheld on the ground that he had not been actually discharged from service on the date when the application form was filed up by him.