- (1.) Heard Sri Swapnil Kumar, learned counsel for the petitioner and learned Standing Counsel as well as Sri M.I. Farooqui, Advocate holding brief of Sri M.A. Qadeer, learned Senior Advocate for respondents.
(2.) Petitioner has challenged Advertisement No. 3/2005-2006 dated 25/31.07.2005 (Annexure-3 to the writ petition), in so far as it advertised 15 vacancies of Lecturers in General Medicine making 6 vacancies reserved for Scheduled Caste and 9 vacancies reserved for Other Backward Class.
(3.) Learned counsel for the petitioner contended that all vacancies advertised cannot be reserved and, therefore, impugned advertisement, in so far as all 15 advertised vacancies are kept reserved, is patently illegal and unconstitutional being violative of Article 16 of the Constitution and also in the light of judgment of Larger Bench in Indira Sawhney & Ors v. Union of India, 1993 AIR(SC) 477 wherein it has been held that in one recruitment more than 50% vacancies cannot be reserved.;