Suneet Kumar, J. - (1.) Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Abhishek Srivastava, Sri Seemant Singh, Sri Anil Kumar Mehrotra and Ms. Shreya Gupta, learned counsel appearing for the petitioners, Sri Ajit Kumar Singh, learned Additional Advocate General, Dr. Y.K. Srivastava, learned Chief Standing Counsel, Sri Rama Nand Pandey, learned Additional Chief Standing Counsel, appearing for the State-respondent. The batch of writ petitions involve common question of law and are based on similar facts, on consent, are being heard and decided together.
(2.) Petitioners by the instant writ petitions seek a writ of mandamus declaring sub-section (5) of Section 3 of the Uttar Pradesh Public Services (Reservation For Physically Handicapped, Dependents Of Freedom Fighters And Ex-servicemen) Act, 1993 (Reservation Act, 1993), ultra-vires of the Constitution, consequently, seek quashing of clause 8 of the impugned notification dated 16 July 2015, whereby, 2312 post of constables reserved on horizontal basis has been carried forward for subsequent selection. Petitioners, further, seek a direction to the State-respondents to prepare fresh selection list upon adjusting the selected candidates/petitioners against the carry forward posts.
(3.) Shri Ashok Khare, learned Senior Counsel and the counsels appearing in connected writ petitions, on instructions, made a statement that the petitioners do not raise/challenge to the candidature of candidates included in the select list but merely confine and seek selection against the carried forward posts. In other words, outcome of the writ petitions would not disturb the selected candidates, rather, petitioners seek selection against the carry forward posts. Statement is recorded and accepted.;