KAMAL KISHORE TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard.

(2.) The petitioner herein had secured 3954 marks. Based thereon, he claims entitlement to be selected and appointed as Lecturer of Physics in pursuance to the advertisement in question. The grievance is that three others, all belonging to the OBC category, namely, Yogendra, Ravi Pal and Vishal Tevatia had also secured 3954 marks, but out of them Sri Yogendra has been selected against the general seat and the remaining two against the OBC category.

(3.) The contention is that Yogendra having obtained concession/relaxation for OBC category could not have been selected and appointed against the general seat. In this regard, learned counsel for the petitioner relies upon a recent decision of Honourable the Supreme Court dated 6.4.2017 rendered in Civil Appeal No. 3609 of 2017 (Deepa E.V. Vs. Union of India and others).