ANUPAM SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER's grievance is that the post of Reader in Political Science as notified in the advertisement dated 11th July, 2009 published in daily newspaper "Dainik Jagaran" cannot be said to be reserved category post being the single cadre post but the same was opposed by the respondents saying that the posts of Lecturer, Reader and Professor can be clubbed together and form a "cadre" for such purpose, hence, any of such posts within such cadre can be reserved.

(2.) TODAY we have heard the parties and gone through several judgments. We find that initially in State of U. P. v. Dr. Dina Nath Shukla, (1997) 9 SCC 662 : 1997 (2) AWC 689 (SC), it was held that when such posts form a cadre subjectwise then rule of reservation will be applicable but thereafter in State of U. P. and others v. M. C. Chattopadhyaya and others, (2004) 12 SCC 333, three Judges' Bench of Supreme Court has held that the conclusions of Supreme Court in the case of Dr. Dina Nath Shukla (supra) is no longer good law in view of the Constitution Bench judgment in Post Graduate Institute of Medical Education and Research v. Faculty Association and others, (1998) 4 SCC 1 : 1998 (2) AWC 1300 (SC), and therefore, we have further checked up and ultimately found that the latest view on the point is similar. Following the ratio propounded by 5 Judges' Constitution Bench recently it has been held in State of Karnataka and others v. K. Govindappa and another, (2009) 1 SCC 1, as follows :