GOPAL KUMAR LOHAR Vs. STATE

JUDGEMENT

(1.) THESE writ petitions involves common question of law on same facts thus are heard and decided by this common judgment.

(2.) BY these writ petitions the petitioners have prayed that while filling up the post of Teacher Gr. III in tribal areas so notified, 30% of the posts should be filled from and amongst General candidates of the same district.

(3.) THE grievance raised by the petitioners is that though petitioners are belonging to schedule areas, however, while filling up of the post of Teacher Gr. III reservations were only extended to 45% in favour of Schedule Tribes and 5% in favour of Schedule Caste candidates whereas earlier when the post of Patwari was filled by the State Government then pursuant to the orders issued at Annex. 7 and 8 (in Writ Petition No. 5260/2007) 30% of the posts were ordered to be filled from the candidates of the tribal area itself which otherwise a reservation provided to general category candidates of the same district. The petitioners have come up with a case that similar benefit should have been allowed to them also. The ground precisely taken above is pressed on the strength of Articles 14 and 16 of the Constitution of India so as to claim parity in the public employment without discrimination.