S.P.Mehrotra, J. - (1.) BY means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks the following reliefs : a. Issue writ, order or direction in the nature of certiorari quashing the letter/communication dated 10- 11-2008 issued by the Uttar Pradesh Higher Education Service Commission, Allahabad, which is Annexure No.6 to this writ petition. b. Issue writ, order or direction in the nature of certiorari quashing the letter/communication dated 05- 12-2008 issued by the Director Higher Education, Uttar Pradesh, Allahabad, which is Annexure No.7 to the writ petition. c. Issue writ, order or direction in the nature of mandamus directing the Uttar Pradesh Higher Education Service Commission, Allahabad to work out the vacancies for Ex-servicemen on 35 vacancies available for teacher/lecturers in Political Science. d. Issue writ, order or direction in the nature of mandamus directing the Higher Education Service Commission, Uttar Pradesh, Allahabad to process the matter about interview of the petitioner in the process of selection of Advertisement No. 41 dated 07-02-2007 as Ex-servicemen by calculating number of vacancies in Political Science subject. e. Issue such other or further order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case. f. To award the cost of petition in favour of the petitioner.
(2.) BRIEFLY stated the facts giving rise to the present writ petition are as follows : The petitioner is an Ex-serviceman. The U.P. Higher Education Service Commission advertised for selection of lecturers in various Degree Colleges in the State of Uttar Pradesh by way of Advertisement No. 41 dated 07-02-2007. In the said advertisement, it was stated that the reservation to the physically handicapped, Dependants of Freedom Fighters and Ex-servicemen will be available as per the Act and the Rules framed in this regard by the State Government. It appears that the petitioner was not given the benefit of reservation available for Ex-servicemen and he was treated as a person belonging to the general category. He was not called for interview by the Commission as the quality point marks was less than the last person called for interview for the post of lecturer in Political Science for which post the petitioner had applied.
(3.) THE petitioner has approached this Court claiming reservation of Ex-Army man provided under the U.P. Public Services (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex- Servicemen) Act, 1993, as amended from time to time. According to the petitioner, 5% reservation has been provided for Ex-Servicemen and, therefore, the petitioner ought to have been called for interview. The petitioner had made an application under Right to Information Act, 2005 seeking an information as to whether any reservation has been provided for Ex-Servicemen or not, to which the Commission vide letter dated 10-11-2008 replied that no reservation has been provided for Ex-Servicemen.;