ANKIT VERMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) SUBMISSION of learned counsel for the petitioner is that petitioner appeared in the B.T.C. Training Course 2013 -15 as reserved category candidate (O.B.C.) and secured 203.77 quality point marks and has been placed in the general category. Further submission is that as per Government Order dated 12.03.2014, the Principals of the Colleges were required to ensure that even after a reserved category candidate on merit, qualifies under general category, he or she shall be granted admission against the seat earmarked for reserved category, namely, SC/ST/OBC category, at appropriate place.

(3.) IN this background, submission of learned counsel for the petitioner is that in various institutions of District - Sitapur, O.B.C. category candidates have been given admission, who had obtained 203.66, 203.49, 203.48 and 203.46 quality point marks, whereas the petitioner's quality point marks is 203.77. Therefore, he ought to have been given admission in any institution of District - Sitapur. It is also submitted that Government Order dated 12.03.2014 was examined by this Court in Special Appeal No. 195 of 2014 (Archana Yadav (In Re: 1880 M/S of 2014) Vs. State of U.P. and others), wherein the Division Bench observed that "the purpose of Government Order dated 12.03.2014 is to extend the benefit of reserved category candidate for granting BTC training ordinarily in respective place. The validity of the Government Order dated 12.03.2014 is not in question. Even if it lays down some incorrect law, it shall be binding unless it is set aside by the appropriate forum or court". Accordingly, the Division Bench issued a writ in the nature of mandamus, directing the opposite parties to grant admission to the appellant of the said Special Appeal at DIET, Gonda under OBC category in view of Government Order dated 12.03.2014.