OM VEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SUDHIR Agarwal, J. Heard Sri J. J. Munir, learned Counsel for the petitioner, Sri Anil Bhushan, the learned Counsel for respondent Nos. 3 and 4 and the learned Standing Counsel appearing for respondent Nos. 1 and 2.

(2.) A counter-affidavit has been filed on behalf of respondent Nos. 3 and 4 but no reply has been filed on behalf of respondent Nos. 1 and 2 despite repeated opportunity is granted. Even a stop order was passed on 6-10-2004 permitting six weeks and no more time to respondent Nos. 1 and 2 to file counter- affidavit. Still the same has not been filed. This Court also granted indulgence on 30-8-2006 to the learned standing Counsel to seek instructions but today, the learned standing Counsel representing the respondent Nos. 1 and 2 has stated at the bar that despite information, he has not received any instruction. The learned Counsel for the parties however agreed that the writ petition may be heard and decided finally on the basis of the material available on record. In the circumstances, with the consent of the learned Counsel for the parties, I have proceeded to hear this matter finally to decide under the Rules of the Court at this stage.

(3.) SINCE the total sanctioned strength in the institution in respect to class IV cadre is 13 only out of which 9 are occupied by the reserved category candidates, therefore, it cannot be said that any vacancy in reserved quota is still available and could have been filled by reserved category candidates.