PHOOL CHANDRA JATAV Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner Phool Chandra Jatav is requesting this Court to provide the benefit of reservation of 21%+2% to the S.C./S.T. category in determining various reserved post of S.C./S.T. category in the forth coming Panchayat Election 2015 as per the relevant Rules namely Uttar Pradesh Panchayat Raj (Esthano Aur Pado Ka Arakshan Aur Abantan) Niyamawali 1994 so that proper representation of S.C./S.T. category may be provided to the candidates of the said categories in the forth coming Panchayat Election 2015.?

(2.) IN the present case, we find that the petitioner is labouring under a misconception, as he is claiming the benefit of reservation as has been provided under U.P. Act No.4 of 1994 dealing with service matters, wherein entry is provided on fresh recruitment. In view of this, the percentage that has been prayed for cannot be granted.

(3.) WE have proceeded to examine the provisions of Uttar Pradesh Panchayat Raj Esthano Aur Pado Ka Arakshan Aur Abantan) Niyamawali 1994 and the provisions of U.P. Panchayat Raj Act 1947. Rule 3 thereof prescribes for reservation in accordance with the provisions of Section 12 (5) of the U.P. Panchayat Raj Act, 1947. As far as the said provision is concerned, it clearly provides that in every Gram Panchayat, seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and the number of seats so reserved shall, as nearly as may be, bear the same proportion to the total number of seats in Gram Panchayat, as the population of the Scheduled Castes in the Panchayat area or of the Scheduled Tribes in the Panchayat area of the Scheduled Tribes in the Panchayat area or of the Backward classes in the Panchayat area bears to the total population of such area and such seats may be allotted by rotation to different territorial constituencies in a Gram Panchayat in such order as may be prescribed. When there is a statutory provision holding the field and according to the same reservation is to be made in the Gram Panchayat, then the request of the petitioner to apply the provision of U.P. Act NO. 4 of 1994, in making reservation of the constituencies in a Gram Panchayat cannot be accepted, as herein the parameters are entirely different and reservation is to be provided on the number of seats has direct co -relation with the population of respective category.