- (1.) These two writ petitions have been filed by the prospective candidates for the posts of Readers and Lecturers, subject matter of the advertisement No.1 of 2009 dated 25.07.2009 published by Dr. Bheem Rao Ambedkar University, Agra (hereinafter referred to as the Agra University). The petitions raise common question of law in the matter of reservation to be applied against posts of Readers and Lecturers. They have been clubbed together and are being decided by means of the common judgment.
(2.) We have heard Sri Anil Bhushan, advocate on behalf of the petitioners, Sri C.B. Yadav, learned Additional Advocate General on behalf of the State of U.P., Sri S.K. Singh, learned counsel on behalf of the University and Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, Advocate on behalf of the selected candidates who had filed an impleadment application which was granted under order dated 12.08.2013.
(3.) Before proceeding with the merits of the petitions, it is necessary to record the following facts:- In the present petitions, an order was passed by a division Bench of this Court on 13.09.2012 refusing to grant an interim order. Against the order dated 13.09.2012, special leave to appeal no.28843 of 2012 was filed by the petitioners before the Apex Court which was dismissed with the observations that the High Court may expedite the disposal of the writ petition, any selection/appointment in the meantime pursuant to the advertisement impugned was to abide by the final result of the present writ petition. The order of the Apex Court reads as follows: "Taken on boards. No ground is made out for our interference with the impugned order, whereby the High Court has declined to stay the selection process, stated to have already commenced pursuant to advertisement published on 14th July, 2012. Accordingly, the special leave petition is dismissed. However, having regard to the nature of issue involved in the writ petition, we request the High Court to expedite the disposal of the main writ petition. We further clarify that selections/appointments, if any, in terms of the aforesaid advertisement shall abide by the final result in Civil Miscellaneous Writ Petition No.39334 of 2012.";