- (1.) We have heard Shri Saurabh Basu, learned Counsel for the Petitioner. Learned Standing Counsel appears for the State Respondents. Shri H.N. Singh appears for the UP Higher Education Service Commission.
(2.) The Petitioner appeared in the selections for the posts of Lecturer in Degree Colleges advertised by the U.P. Higher Education Service Commission vide Advertisement No. 37. The selections were challenged in Writ Petition No. 48149 of 2003 Dr. Vishwajeet Singh and Ors. v. State of UP and Ors. Writ Petition No. 48149 of 2003 and other connected Writ Petitions. By the judgment dated 20.4.2009 a Division Bench of this Court directed the U.P. Higher Education Service Commission to declare the result of 371 posts; the selections, so far as 467 posts is concerned, was set aside on the ground that the selections were to be college-wise and subject-wise and not subject-wise only.
(3.) The State and U.P. Higher Education Service Commission have challenged the judgment in Supreme Court. In Special Leave to Appeal notices have been issued. The Apex Court has not passed any interim orders. Subsequently Advertisement No. 42 was also subject matter of challenge in Dr. Archana Misra v. State of UP Writ Petition No. 51212 of 2010, and in which by order dated 23.12.2010, the questions, (1) as to what is meaning of unfilled vacancies in Section 3 (2) of U.P. Public Service Reservation for Scheduled Caste, Scheduled Tribe and Other Backward Classes Act, 1994; (2) whether the selections have to be made on the vacancies college-wise, and subject-wise or only subject-wise, and (3) whether there should be at least five vacancies in a College in a subject to apply rules of reservation, were referred to the Larger Bench. The judgment in Smt. Archana Misra's case was also challenged and has been stayed by the Supreme Court.;