DINANATH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri D.B. Mukharji for the petitioner, learned Standing Counsel representing respondents no. 1, 2, and 3 and Sri Jeevan Prakash Sharma for respondent no. 4.

(2.) THE petitioner, already working as a Class IV employee in Neta Subhash Krishi Sainik Inter College, Banki, Vinod Nagar, Maharajganj (hereinafter referred to as "College"), has filed the present writ petition seeking the following reliefs :

(3.) IN the case in hand, the respondents have decided to fill in the post in question by direct recruitment and that too keeping it reserved for Other Backward Classes (in short "OBC"). Sri D.B. Mukharji submits that the advertisement published by respondent no. 4 for filling in the post in question by direct recruitment is illegal. He further submitted that in any case, the post of Clerk sought to be filled in by direct recruitment, cannot not be kept reserved for OBC as that would exceed the quota of reservation prescribed for OBC which is only 27% under U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (hereinafter referred to as "1994 Act").