- (1.) Under the administrative orders of Hon'ble the Chief Justice dated 10.5.2016 following reference has come up before us to be answered; "whether an O.B.C. Candidate, who is selected as lecturer in the general category, can claim as a matter of right, the allocation of an institution, for which, he gave preference as reserved category candidate, unless it is established that non allocation of the institution of his choice as a reserved category candidate has put him on a disadvantageous position."
(2.) The brief background of the reference in question is that Shahid Anjum has applied for the post of Lecturer in Physics pursuant to the advertisement No. 2 of 2010 as OBC category candidate. Petitioner was called for interview and at the point of time when interview took place he indicated preference for appointment in five colleges in case he is finally selected. Thereafter, the result in question was declared on 17.2.2012 wherein petitioner was declared successful in the open category and was placed at serial no. 8 and his name was impanelled for the institution namely Sri Chandan Lal Inter College, Kandhla, Muzaffarnagar instead of institution for which he has given preference as OBC candidate. Petitioner, in this background, has been agitating that he ought to have been given institution of his choice and as nothing was being done he preferred writ petition before this Court and this Court asked the U.P. Secondary Education Service Selection Board to look into the grievance of petitioner. Pursuant to the order dated 3.4.2012 passed by this Court the claim of petitioner has been considered/examined and communication has been sent by informing that petitioner is from OBC category and as he has been selected in open category, the institution meant for open category has been allocated to him and post meant for OBC category cannot be allocated. Thereafter, petitioner in the second round of litigation is once again before this Court by preferring present writ petition and complaining therein that arbitrary treatment has been meted to his candidature and, as such, this Court should intervene in the matter and institution as preferred by him ought to have been allocated to him.
(3.) On the presentation of the writ petition in question learned Single Judge on 1.12.2015 has proceeded to make a mention that unless and until a candidate of reserved category, who competed with the general category and consequent allotment of an institution not of his choice, establishes that because of such allocation he has been put to some disadvantage as compared to those of reserved category lower in rank to him, he cannot claim as a matter of right for allocation of the institution for which he gave preference as O.B.C. candidate and to that extent disagreement in question has been made qua the judgment in the case of Archana Anand Vs. State of Uttar Pradesh and others, Laws (All)-2007-4-95, and, thereafter, reference has been made.;