Yartindra Singh, J. - (1.) The main question involved in this writ petition is, Whether a resident of a State other than the State of UP (the other State) belonging to a caste in the reserved category in the other State, is entitled to reservation in public services and posts in the State of UP under UP Public Services (Reservation for Schedule caste, Schedule Tribe and other Backward Classes) Act, 1994 (the Act) ? FACTS
(2.) The UP Higher Education Service Commission, Allahabad (the Commission) issued an advertisement no. 26/1998 for appointment of teachers in degree colleges in the State of UP. These posts are within the meaning of public services and posts as defined under the Act. There is reservation for Schedule caste, Schedule tribe and other Backward classes (SC/ST/OBC) in these posts as provided under the Act. The petitioner has qualified the National Eligibility Test (NET) and has minimum educational qualification under the advertisement. He is an ordinary resident of State of Bihar. He applied as an OBC candidate. He produced an OBC certificate dated 15.9.1995 issued by the Sub-Divisional Officer (SDO), district Nalanda, Bihar. This certificate is for OBC applying for appointment to the posts under the Government of India. It certifies that The petitioner ordinarily resides in village Jhala PO Karnal, PS Silao, district Nalanda, Bihar. He belongs to Momin community under Muslim faith. His caste is recognized as a backward class under the Government of India Ministry of Welfare Resolution no. 12011/63/93-BCC(C) dated 10.9.1993. He does not belong to the persons/sections (creamy layer) mentioned in column 3 of the Schedule to the Government of India, Department of Personnel and Training Notification OM No. 36012/22/93 Hstt (SCT) dated 8.9.1993.
(3.) The petitioner was called for the interview on 13.7.1999. The results were declared on 16.7.1999 and he was declared successful in the OBC category. He was given a joining letter dated 16/19.7.1999 by the Director of Higher Education UP Allahabad (the Director). He was posted as lecturer in Psychology department at Agra College, Agra (the College). However, the committee of management of the College did not permit the petitioner to join the College. The petitioner filed a representation before the Director for necessary directions and when no action was taken, he filed writ petition no. 43253 of 1999. This writ petition was disposed of on 4.10.1999 with the direction to the Director to decide the representation of the petitioner. The Director rejected the representation of the petitioner on 1.5.2000 on the ground that: The caste certificate under the Act can only be issued to an ordinary resident of the State of UP. The petitioner is a resident of Bihar and his caste certificate can not be accepted as the caste certificate under the Act. The petitioner is not entitled to reservation. Hence the present writ petition. POINTS FOR DETERMINATION;