- (1.) BY the Court.:- Heard Shri Alok Kumar Yadav, learned counsel for the petitioner. Learned Standing Counsel appears for State respondents. Shri Ravi Kiran Jain, Senior Advocate assisted by Shri Ramesh Chand Tiwari appears for Dr. Vikrama Prasad and Dr. K.N. Yadav-respondent Nos. 3 and 4. No one appears for Dr. Permanand T. Dudhey-respondent No. 5.
(2.) ON the last occasion, we had asked the office to provide service report on the service of notices on Dr. Permanand T. Dudhey-respondent No. 5. The office has reported on 6.8.2008, that more than four months have passed, but neither acknowledgment nor unsaved notice has been received in the office as yet. Under the Rules of the Court, the respondent No. 5 shall be deemed to be served. There are seven State Homoeopathic Medical Colleges in the State of Uttar Pradesh. The posts of Principal fall in a cadre and are to be filled up by direct recruitment under the U.P. State Homeopathic Medical Colleges (Conditions of Service) Rules, 1990. Initially there were ten State Homeopathic Medical Colleges and ten posts in the cadre given in the schedule appended to the rules. With the closure of three Homeopathic Medical Colleges, there are only seven posts of Principal, as against ten, in the cadre.
(3.) THE petitioner does not fall in any reserved category. He is eligible and applied in pursuance of the advertisement dated 4.1.2006, to fill up three posts of Principal as a general candidate. One post each in the advertisement was reserved for Scheduled Caste; Other Backward Classes and general category. The petitioner challenged the applicability of rules of reservation, to the vacancies notified by the U.P. Public Service Commission on 4.1.2006. The Court was prima facie satisfied that the reservation on vacancies on the date of advertisement dated 7.5.2005 exceeded 50%. An interim order was made on 4.1.2006 restraining the State Government from appointing persons recommended by the Commission.;