Satya Narayan Sheohare vs State of U.P. and Others

M. Katju, J.—Heard Smt. Manjoo Chauhan, learned counsel for the petitioner and the learned counsel for respondents.

The petitioner appeared in the U. P. Judicial Services Civil Judge (Junior Division) Examination, 2000. The advertisement for the examination appeared on 4.3.2000. The petitioner filled in his form before the prescribed date, appeared in the examination and was declared successful. He also appeared in the interview. The result was thereafter declared but because the scaling method was adopted, it was struck down by this Court in Writ Petition No. 32802 of 2001 by the Judgment dated 3.10.2002. Against that judgment SLP is pending in the Supreme Court.

The petitioner claims that he belongs to the caste of Kalar and is an O.B.C. as mentioned in the notification of the Governor dated 7.7.2000 (Annexure-3 to the writ petition). Since the petitioner filled in the form before the said notification, obviously he could not mention therein that he was in O.B.C. category. However, he claimed reservation on the basis of the said notification subsequently.

The facts of the present case are covered by a Division Bench decision of this Court in Civil Misc. Writ Petition No. 23193 of 2000, Km. Amrita Singh and Ors. v. State of U. P. and Anr. decided on 7.5.2001. vide Annexure-7 to the writ petition. Following the said decision, we allow the writ petition. The respondents are directed to treat the petitioner as O.B.C. candidate in the examination in question.