SHIV PRAKASH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) S. Rafat Alam and Sudhir Agarwal, JJ. This intra court appeal arises out of the judgment of Hon'ble single Judge dated 5. 10. 2005 dismisisng the Writ Petitions No. 42041 of 2000, 1187 of 2002 and 23630 of 2003 preferred by the appellant Shiv Prakash Yadav and others (hereinafter referred to as 'petitioners')-

(2.) THE Special Appeals No. 1308 of 2005, 1410 of 2005 and 1411 of 2005 have been filed by the State of U. P. and others (hereinafter referred to as 'respondents') challenging the aforesaid judgment of Hon'ble single Judge being aggrieved by the findings recorded by Hon'ble single Judge on certain aspects particularly with reference to application of Section 3 (6) of U. P. Public Services (Reservation for Scheduled Castes, Schedules Tribes and Other Backward Classes) Act, 1994 (hereinafter referred to as '1994 Act') and despite the fact the writ petitions have been dismissed, the State of U. P. has prayed for setting aside judgment of the Hon'ble single Judge.

(3.) AGGRIEVED by the judgment of the Hon'ble single Judge, the petitioners have filed the Special Appeal No. 1377 of 2005. It is contended that applying similar standards, the respondents held selection and no extra advantage was given to reserve category candidates. In these circumstances, merely, because the reserved category candidates have mentioned in their application forms that they belong to reserved category in order to avail the benefit of vacancies which are reserved for them, they cannot be denied right of consideration against unreserved vacancies. It is also contended that the issue is now squarely covered by a Division Bench judgment of this Court in Sanjeev Kumar Singh v. State of U. P. and others, 2007 (2) ALJ 86.