LAWS(ALL)-2005-11-104

BIPIN PRAKASH Vs. HIGH COURT OF JUDICATURE

Decided On November 21, 2005
BIPIN PRAKASH SON OF SHRI PREM SHANKER Appellant
V/S
HIGH COURT OF JUDICATURE THROUGH ITS REGISTRAR GENERAL AND DISTRICT JUDGE Respondents

JUDGEMENT

(1.) Heard Sri Pankaj Naqvi, Advocate on behalf of the petitioner and Sri Amit Sthalekar, Advocate on behalf of the respondents.

(2.) An advertisement dated 18th October, 2004 was published in daily newspaper, Dainik Jagran inviting applications for the 15 vacant posts in the clerical grade, six post of stenographer and 7 posts of Class IV employee in the judgeship of Bareilly. In the advertisement so published it was mentioned that the reservation shall be applicable as per the Government orders issued on the subject.

(3.) The petitioner, who is an ex-service man, applied in pursuance of the aforesaid advertisement. In the application the petitioner claimed benefits of U.P. Public Service (Reservation for Physically handicapped, Dependants of Freedom Fighters & Ex-serviceman) Act, 1993 (hereinafter referred to as "the Act of 1993") as amended vide Act No. 26 of 1999, which provides for 5% of the total vacancies being reserved for ex-service man in all categories. The application so made by the petitioner was processed and he appeared in the written examination conducted by the respondents. The result of the written examination was declared on 21st January, 2005, the name of the petitioner was included in list of successful candidate. It is stated that the petitioner was the only a candidate, who was declared successful in the reserved category of ex-service man.