- (1.) Petitioner had applied for consideration of her claim for Special B.T.C course 2004 as Female/Scheduled Caste/Arts category candidate. Merit of the petitioner was 313.91. Petitioner was sent for training at District Institute of Education Training, Allahabad. On account of her higher merit she was kept under Female/General/Arts category and allocated Fatehpur. Petitioner's grievance is that candidates from Female/Scheduled Caste/Arts category who had less merit qua her they were allocated Allahabad, the place of their choice and as such she also ought to have been allocated Allahabad. As request of petitioner was not being considered, she filed Civil Misc. Writ Petition No.78571 of 2005 before this Court and this Court asked the authority concerned to consider and decide the claim of the petitioner and thereafter Director of Education (Basic) U.P. Lucknow passed the impugned order which is subject matter of challenge before this Court.
(2.) On presentation of present writ petition before this Court on 24.03.2006 following order was passed which is being quoted below: "Heard learned counsel for the petitioner and learned standing counsel for the respondents. The petitioner belongs to the scheduled caste female arts category and was selected for undergoing the special B.T.C training 2004. The results were declared and the petitioner on account of higher merit was placed alongwith the candidates of the general category. The placement of such selected candidates has to be made in accordance with the options which are to be exercised under the relevant government order. The petitioner contends that on account of her being placed in the general category as per merit she was deprived of the option to which she was entitled in accordance with category to which she belongs, namely the scheduled caste category. Aggrieved the petitioer approached this Court by filing Writ Petition 78571 of 2005 and this Court on 02.01.2006 disposed of the writ petition of the petitioner with a direction to the Director to consider the claim of the petitioner in view of the ratio of the decision of the Apex Court in the case of Anurag Patel reported in 2005 (9) SCC 742. The impugned order has been passed by the Director recording that the petitioner is not entitled to claim any such benefit on the strength of the decision of the Apex Court in as much the decision of the Apex Court proceeded to decide in respect of the Combined State Services Examination which include different cadres whereas present selections have been held for a single cadre through out the State. Prima facie the said finding is preposterous in as much where there are different cadres even then the Apex Court issued directions for extending the benefit of reservation to the candidates of the reserved category in the event they have been shifted upwards on account of their merit. In the instant case there does not appear any hurdle as the case is of a single cadre and as such there appears to be an inherent contradiction in the findings recorded by the authority concerned. In the opinion of the Court, the reasons given in the impugned order is a ploy to avoid giving effect to the principles laid down and the ration of the decision of the Apex Court in the case of Anurag Patel(supra). Accordingly the respondents are directed to file their affidavit explaining as to how they have distinguished the principles laid down by the Apex Court in the case of Anurag Patel which is binding on them keeping in view the Article 141 of the Constitution of India. The aforesaid principles laid down in the said decision, are applicable in all public services including the present selections which have been held. The affidavit shall be filed within three weeks. List immediately after the expiry of the three weeks on 17.04.2006."
(3.) Till date in spite of the repeated opportunity having been provided and lastly on 26.02.2007, eight weeks and no more time was allowed, no counter affidavit has been filed, as such on the basis of un-controvered facts present writ petition is being decided. Sri Pradeep Kumar, learned counsel for the petitioner contended with vehemence that petitioner's candidature has been metted with arbitrary treatment, in spite of being higher in merit she has not been given the choicest option which she was entitled as scheduled caste category candidate and as such, her option be accepted, and writ petition be allowed.;