JYOTI KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) These two writ petitions have been filed by three petitioner who belong to 'Gond' Caste. The aforesaid caste was notified as a Scheduled Caste under the Constitution (Scheduled Caste Order 1950) . That the Parliament by means of Scheduled Castes and Scheduled Tribes order (Amendment Act 2002) being Act No. 10 of 2003 published in official Gazette of India dated 8.1.2003 notified the Gond caste as a Scheduled Tribe. The aforesaid facts are not in dispute.

(2.) On 1.9.2001 an Advertisement was published by the Deputy Inspector General of Police inviting applications for the post of Sub Inspector (Civil Police) /Platoon Commander. Petitioners in accordance with the provisions of the Constitution Scheduled Castes Order 1950 applied for being considered for the post in question under the reserved category of Scheduled Castes. Along with their applications they also enclosed copies of the caste certificates issued by the district authorities in their favour. That the petitioners participated in the said examination and the final results of the selections so held was declared on 3.9.2005. The petitioners were not included in the list of selected candidates as they were treated to be the members of the Scheduled Castes. The claim of the petitioner against the reserved category of Scheduled Tribes was not considered despite the Parliamentary Act No. 10 of 2003. Faced by the aforesaid situation petitioners have approached this Court with the allegations that more than 50% of the vacancies within the quota reserved for Scheduled Tribes which have been advertised are still available and, therefore, the respondents may be directed to consider the claim of the petitioner against the said available vacancies of Scheduled Tribes category treating the petitioner to be members of Scheduled Tribes in view of Parliamentary Act No. 10 of 2003.

(3.) The writ petition filed by the petitioner is opposed by the State authorities with reference to the full bench judgment of this Court in the case of Prashant Kumar v. State of U.P. 2005 (3) A.W.C. Page 2738. Respondents contend that since in their application petitioners had claimed that they belong to Scheduled Caste category and had also enclosed certificates in support thereof, their claim for appointment against the advertised vacancies has accordingly been considered in the said category alone. Since the petitioners are lower in merit then the selected candidates in the said scheduled castes category, they have rightly not been selected.