SHIVAM PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) This bunch of special appeals arise out of a composite judgment rendered by the learned Single Judge on 29/2/2024 in a bunch of writ petitions, whereby the reservation to Economically Weaker Ss. (for short 'EWS') is denied in respect of recruitment undertaken for 69,000 posts of Assistant Teachers. Learned Single Judge has held that recruitment has commenced prior to introduction of reservation in EWS category. Thus aggrieved, the writ petitioners are before us in the present batch of special appeals.

(2.) Shri Ashok Khare and Shri G.K. Singh, learned Senior Advocates leading the submissions on behalf of the appellants in the present batch of special appeals submit that reservation for EWS was introduced by way of 103rd Constitutional Amendment on 12/1/2019. State legislature thereafter enacted the Uttar Pradesh Public Services (Reservation for Economically Weaker Sec. ) Act, 2020 U.P. Act No. 10 of 2020 for giving effect to such reservation. The Act was given retrospective application vide Sec. 1(1) of the Act, which is reproduced hereinafter:

(3.) Sec. 3(3) and (4) of the Act aforesaid are also relevant and are reproduced hereunder : "(3) The office memorandum issued by Karmik Anubhag- 2 wide no.1/2019/4/1/2002/ka-2/19T.C.II, dtd. 18/2/2019 shall be deemed to have been issued under this Sec. . (4) For applying the reservation under sub-sec. (1), roaster has been issued by notification O.M. No.5/2019/4/1/2002/ka-2/2019T.C.- I, dtd. 13/8/2019 by the State Government which shall be continuously applied till it is exhausted."