SUNEEL KUMAR PANDEY S/O AKSHAYBAR RAM PANDEY Vs. STATE OF U.P. THRU PRIN. SECY. INDUSTRIES AND ORS.
LAWS(ALL)-2010-8-555
HIGH COURT OF ALLAHABAD
Decided on August 26,2010

Suneel Kumar Pandey S/O Akshaybar Ram Pandey Appellant
VERSUS
State Of U.P. Thru Prin. Secy. Industries And Ors. Respondents

JUDGEMENT

- (1.) HEARD learned Counsel for the petitioner and the learned Standing Counsel for the respondents.
(2.) SHORT question involved in the present writ petition under Article 226 of the Constitution of India, is that in case there is conflict between the roster provided by the Government and quota of the reservation, which one shall prevail. Respondents while considering the promotion/appointment against seven posts of Deputy Director, reserved three posts for scheduled caste category candidate. While assailing the impugned reservation policy, the petitioner's counsel submits that there can not be reservation for more than one post so far as the promotional avenue is concerned because of the fact that while calculating the quota for scheduled caste category candidate, it cannot be more than 21%.
(3.) BY the interim order dated 3.8.2009, a Division Bench of this Court has restrained to promote more than one person under the reservation category of scheduled caste candidate.;


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